QLD False Allegations of Violence - Likely Outcome in Family Court?

[Isittrue]

Thanks for the info. Really appreciate it.

If the mother says she wants to lessen visits, she'll be surprised when a proposal for more time is brought up. The child enjoys her visits here. No question.

Good to know they probably won't fund the mother in court. The biggest thing is just less complications and the child seeing both parents fairly. Tired of always being a battle as that's what the orders were meant to be for; to avoid this sort of thing. Orders have only been in effect a few months and the mother already wants changes.

Due to work commitments, it's not on the cards to move interstate to be closer. The child is only an hour and a half (max) plane trip away. With a partner and toddler to support, gotta go where the work goes. Would be good if in the near future residency for the child changed though. We'll see how things pan out after mediation. If it ends up in court, at least it'll be a tough fight for the mother.

 

[AllForHer]

Current arrangements have only been in place a few months? She won't be able to get them changed when she only agreed to them such a short time ago.

 

[Isittrue]

Yep. Just about 5 months they've been in effect for.

 

[Deleted member 12925]

Hi there,

Just wondering if anyone would know what sort of outcomes might be on the cards for the following scenario:

The mother and the father had a pretty toxic relationship. Some fights were physical. No AVOs/DVOs were ever taken out. Their child witnessed majority of these fights. The mother and the father split 3 years ago. The mother has care of child who is 9.

Prior to orders made early this year, the mother withheld child whenever she felt fit, with no regard to parenting plans. The mother blames the father for violence during the relationship and is now saying the child has behavioural and mental health issues as a result so has taken child to a counsellor for trauma.

The mother has initiated legal aid mediation, for orders to change current arrangements, stating issues are "communicate and spend time with". The child currently flies interstate to see the father. The father pays all costs associated to see his daughter. This occurs half of every school holidays.

The mother has already attempted to withhold child against family court orders. Went to court. The mother was ordered to send child. The child told the father that the mother intends to have the father travel to where they reside interstate for him to see the child. The child has not shown any behavioural or mental health issues while in father's care and is very happy while in his care.

The father has changed completely as a person since leaving the mother. The mother has become very resentful and bitter toward the father. The father has spoken to counselling place but due to confidentiality, they have only said there are no concerns. However, the mother said in family court that she was withholding child due to conversations with her lawyer and the child's counsellor saying it was in the child's best interests.

Question is - would it be likely for a judge to order the father to travel interstate to see child each holidays when there has already been an arrangement for the opposite? Physically, it's not possible for supervised visits, and this does not seem logical when the child has not been in any danger while with father.

Would a judge be likely to limit contact/visitation between the father and the child if the contact is already limited to half of school holidays only at the father's expense?

And lastly, would a judge see the violence as being father's fault if mother has fed child stories and therefore, brainwashes the child into only one side of the story where the child then shares this with counsellor?

Side note: the father moved interstate for work 2 years ago and the mother knew this was always going to happen, even since they were together. The mother and the father split up 3 years ago.

Thanks so much for any insight, experiences, suggestions, criticisms!

Isittrue:

A Judge would never blame the father's violence on the mother rest assured.

The most critical document in the proceedings that the Judge will have reference to is the Family Report - the family report writer will have access to both parties affidavit materials and if the notes of the father's counsellor are subpoenaed these can also be made available to the report writer. The Family Report can then make recommendations as to what time each parent should spend with the child.

Quite often in cases of this nature the Judge will enquire of the parent living interstate (in this case the father) and ask if they could have more time by residing in the same State as the child then would they relocate to that other State.

For an more in depth discussion and advice on the Family Law Proceedings I can be contacted for a no obligation review and assessment of the situation, including reading the court documents for 'no fee' at: Glenn Thexton, Melbourne Lawyer: Book Online | LawTap

I am an Accredited Family Law Specialist.

 

[sammy01]

Isitrue, I reckon just keep doing what you're doing and if you find yourself needing to apply to court - then consider whether or not you need to pay for legal advice.

 

[Isittrue]

Thanks for info. All very helpful.

Will see what happens at mediation and make moves from there. Just want to be as cooperative as possible without agreeing to something that won't be of benefit. Clearly don't want to be hostile or emotional and have the mother be given the S60i certificate.

Just want to stick to facts and as you said @sammy01 stick to the orders. Got a few additional things to add but only minor in comparison to what the mother supposedly wants.

In the near future, I will be looking at mediation again for increase in time with the child but for now will ride this out and see how it all goes.

 

[Deleted member 12925]

Thanks for info. All very helpful.

Will see what happens at mediation and make moves from there. Just want to be as cooperative as possible without agreeing to something that won't be of benefit. Clearly don't want to be hostile or emotional and have the mother be given the S60i certificate. Just want to stick to facts and as you said @sammy01 stick to the orders. Got a few additional things to add but only minor in comparison to what the mother supposedly wants.

In the near future will be looking at mediation again for increase in time with the child but for now will ride this out and see how it all goes.

Sounds like you are on the right track - if you stick to the order there are clear boundaries in place for both parents.