WA Ex Refusing Contact with Children - Recovery Orders?

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Tiffany

Member
8 February 2016
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Long story short, on the 7th, Dec 2015, I was at the start of my usual week with my children, as my ex and I had verbally agreed to a 50/50 care and custody of children arrangement since we separated in 2009. The 7th of December was a pleasant day and evening, aside from my 13-year-old being on her phone almost the whole time, which I did persistently insist she put it down and spend time with the family. As of the 8th Dec, my ex picked both my daughters up to take the youngest to netball, which I was capable of doing myself but he always insisted he do it.

That evening, I got an abusive phone call from him claiming that my eldest daughter has been cutting her arms and it was because of me. She is seeing a counsellor though and has refused for me to contact the counsellor for a reason she will not state. I am concerned she is not receiving the appropriate treatment without the full story from both parents.

As it stands now, both my daughters tell me they don't want to come back because they are happier there. Their dad earns in excess of 130, 000 per year, I am on Centrelink. I have attempted to contact my ex to arrange time with my children and he has ignored all attempts since the 27th January 2016. Can anyone help me about recovery orders or is there anything else I can do under Family Law?

My marriage to him was very psychologically and emotionally abusive and he manipulated me to serve his needs, I am concerned he is coaching my girls by way of parental alienation and enmeshment.
 

AllForHer

Well-Known Member
23 July 2014
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Unless you have parenting orders or a parenting plan, then there is not much you can do without first getting either parenting orders or a parenting plan in place.

Contact Legal Aid to organise a family dispute resolution conference to try and negotiate a parenting plan between you and your ex. If he refuses to attend or an agreement can't be reached, then you can file an initiating application with the court for parenting orders affecting the care arrangements for the kids. You cannot commence proceedings without first attaining a section 60I certificate showing you have attempted a family dispute resolution conference.
 
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Tiffany

Member
8 February 2016
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Thanks for the reply. I am in the process of FDR, it's a long drawn out process, unfortunately. The care agreement on the divorce certificate stipulate 50/50 care, so I'm wondering if that counts as a viable document....

Any ideas?
 

AllForHer

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23 July 2014
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It really depends. If it's in the form of a parenting plan and hasn't been sealed by the Court, then it's not legally enforceable, but it can be used as evidence in favour of the 50/50 care arrangement I assume you would be seeking.
 
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Rod

Lawyer
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27 May 2014
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One observation is the use of 'my children' and 'my daughter'. Language is an important indicator of a person's thinking.

There are two parents here and each of you have equal rights. Your use of language seems to deny the existence of the other parent's rights and is not good for the children. For good or bad, the children have two parents, saying 'my daughter' rather than 'our daughter', says there are non-legal issues that need addressing. Might be time for some introspection.
 

Tiffany

Member
8 February 2016
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1
4
I understand what you say Rod, and apologise for my terminology. What you say is correct, there are two parents but their father is encouraging them to dismiss their own mother?

And furthermore, when I have had previous contact with my ex, he has referred to them as 'my daughters' and 'my daughter'. Unfortunately, I don't think he is going to be en to the idea of introspection.
 
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Rod

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I agree. All you can do is be a good parent despite what the other party does.
 

sammy01

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27 September 2015
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OK, so one child is 13. How old is the other? My thoughts are forget court. He can afford solicitor and you can't. That ain't fair. But the courts will listen to a 13-year-old's opinion. Doesn't mean they will let a child decide but they will give it some weight. So if the kids wanna live with their dad, well there ain't much you can do...

I'd be trying to get some agreed time with the kids. Even if it is just one weekend a month, or a few hours on a sat arvo.... But if dad won't agree then again things are not looking good.