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!
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!