VIC Ex-partner has Gone into Hiding - Family Court?

[AllForHer]

You're not 'entitled' to know her address, per se, but if you end up filing for Court, that information is going to come to light one way or another, be it through a location order so you can serve documents on her, or a parenting order that both of you must tell each other your respective addresses.

Note, here, that the best way to find out where your son is living is by requesting a location order from the Court, which will force government agencies to disclose the last known address of your ex so that she can be served with the Court application. This is usually made early in proceedings because they can't proceed unless the ex has been served, but you should try a process server first. No matter what happens, though, she's eventually going to need to disclose her address, either to you or the Court, as well.

What you should know at all times is that your son is safe and well, which is obviously the role of the police in carrying out a welfare check. I hope you responded to her barrage just once and said something to the effect of 'I requested a welfare check on X because I don't know where he is, nor if he is safe. If you wish to assist me with this problem, I'd be more than happy to negotiate a care arrangement for X that ensures this information can be shared without needing police involvement. I look forward to hearing from you to again in the near future to discuss X's care arrangements and negotiate an agreement.'

 

[mhz]

You're not 'entitled' to know her address, per se, but if you end up filing for Court, that information is going to come to light one way or another, be it through a location order so you can serve documents on her, or a parenting order that both of you must tell each other your respective addresses.

Note, here, that the best way to find out where your son is living is by requesting a location order from the Court, which will force government agencies to disclose the last known address of your ex so that she can be served with the Court application. This is usually made early in proceedings because they can't proceed unless the ex has been served, but you should try a process server first. No matter what happens, though, she's eventually going to need to disclose her address, either to you or the Court, as well.

What you should know at all times is that your son is safe and well, which is obviously the role of the police in carrying out a welfare check. I hope you responded to her barrage just once and said something to the effect of 'I requested a welfare check on X because I don't know where he is, nor if he is safe. If you wish to assist me with this problem, I'd be more than happy to negotiate a care arrangement for X that ensures this information can be shared without needing police involvement. I look forward to hearing from you to again in the near future to discuss X's care arrangements and negotiate an agreement.'

Thanks for your help. Just wondering how I would apply for the location order?

I am assuming I will need this prior to starting the Initiating Application?

 

[sammy01]

I'd have thought it would be part of your initiating application. But I think this is one bit you're gonna need a solicitor for.

Do you have any more mediation planned? Booked? Why not contact the mediators and ask them to contact her to request more mediation. She will probably refuse, but worth a shot... And it will kinda help your cause as it shows that you're being pro-active in trying to sort access to your child

 

[mhz]

I'd have thought it would be part of your initiating application. But I think this is one bit you're gonna need a solicitor for.

Do you have any more mediation planned? Booked? why not contact the mediators and ask them to contact her to request more mediation... She will probably refuse, but worth a shot.... And it will kinda help your cause as it shows that you're being pro-active in trying to sort access to your child

I would book in mediation if I knew it was going to go somewhere. At the moment I am convinced that my ex will continue to delay the process by bringing up medial and petty things as she did in the last session. We were there to discuss parental arrangements, but she seemed keen on dragging out other meaningless issues which had no bearing on parental plans.

I was also informed that parental plans made during mediation are not legally enforceable. Is this correct? If so the whole mediation process could be a waste of time. My ex could change her mind after the plans are made and then continue to block access to our child for me.

I'm trying to work out the best way forward to me from here. Do I see a solicitor and work towards family court or do I try and work through mediation again. Either way this is costing me money I do not have.

 

[Corinne]

That was all answered by AllForHer on the 19th of September.

Get the s60I certificate from your failed mediation session. Get legal advice. File an initiating application. Self represent to save money. You've already wasted two weeks asking the same questions. Get moving.

 

[patrick shea]

Hoping to get some help here.

My partner separated from me earlier this year and sent Child Support after me for money. That's all been setup now and I am paying her on a monthly basis. Recently we started the mediation process however after the second session where she elected to be in separate rooms, I believe she is trying to drag out the process so as not allow me access to our son.

She recently moved her belongings out of our family home that we jointly own and into a flat, but she refuses to let me know the address and has refused me access to my son. She has also blocked my number from her phone and has cut off all contact from me.

Child support are useless, they say I must continue to pay child support even though I get no access to my son. Mediation can't do anything about it either really. They told me it would cost between $50-60k to go to family court with around a 12mth waiting period.

I don't have the money to fight her in court and she knows this.

What can I do? What are my rights? Everything seems to be tipped in her favour.

You could report your child has a missing person to the police . But remember if she has gone into hiding to keep your child away from you then the false allegations of abuse and violence are about to start.You could spend the next 30 months defending yourself against false allegations . the more you defend yourself the angrier it makes them . Remember the court will not put 2 warring parties in anymore contact than already is in place considering that the relationship has deteriated further .PS dads lose !!!!!!!!!