NSW Family Court - Mum Entitled to Know Full Names of Lodgers?

[sammy01]

No court orders, but interim court hearing is happening soon.

So dad has a new partner. Partner has a child, a 6-year-old boy. They have moved in together and at present, the new partner has 2 lodgers in the house. So the plan is to get rid of one of the lodgers and use that room for dad's kids to sleep in when they visit (2 nights a fortnight). However the ex is refusing to let the kids stay overnight unless the full legal names of all residence of the house are disclosed to the mum.

Would a family court expect that mum is entitled to know the names of the people residing in the house?

 

[ConfusedMama]

Yes, the mum is entitled to know the names of the people residing in the house. If it's not provided to her by their kids dad, she's allowed to ask her lawyer to contact dad's lawyer for the information. She's also allowed to have a police check run on them.

 

[sammy01]

Na, I don't reckon you can run a police check (like a working with children - check) sure you could give the names to the cops and if they are wanted the cops would happily use the info, but I don't think the cops will provide me with your criminal history if I asked...

 

[ConfusedMama]

If you want a police check, and you have a lawyer, they will do it. Been in a similar situation. I'm not sure about getting the info yourself, you could explain the situation and see how it goes.

 

[AllForHer]

I actually think this will come down to who you get as a judge.

On the one hand, mum really has no right to ask for that information, and dad is under no obligation to give it. The people who live there, after all, have rights of their own, such as the right to freedom of movement, the right to live peacefully and free from harassment, the right to privacy (most of which are entrenched under treaties and covenants, rather than Australian law).

On top of that, I can't imagine many judges will accept "He wouldn't tell me his lodgers' names" as an acceptable excuse for withholding children from enjoying their right to have a relationship with both parents. Claiming some unknown risk to safety isn't exactly going to be valid either, especially if she's still okay with day visits, but not overnights, and realistically, why is it that mum know their names reduces whatever risk she is imagining, but dad knowing their names doesn't? Parents don't need consent from each other about who their kids are spending time around, do they?

But on the other hand, another judge might say "Well, why didn't you just tell her their names? What's the harm?"

There's no legal principle about this kind of thing, but what most judges will see is a lack of trust between the parents. Mum doesn't trust dad to keep the kids away from dangerous people; dad doesn't trust mum to know who he is sharing a house with. It's really a no-win situation.

So what would I do?

Speak to the lodgers. Ask if they consent to their names being disclosed to the mother. If they don't, tell mum that the lodgers have refused consent for their personal details to be disclosed to her.

Or just pick the kids up as usual and don't give them back until their ordinary time has ended.

 

[sammy01]

Mum is a real piece of work. He pays cs + 30%... he is doing all he can, I'm helping him self represent... She only lets the kids see dad on Sunday as she knows he can't keep them as he works early Monday...

She is claiming the kids have health issues that mean no overnight.... And she is also refusing as ATM his kids would have to share a room with a 4yr old step son... Any thoughts on that one?

He is going to get rid of the lodgers in the next hew months, but ATM there is no point because the mum wont allow overnight due to 'medical' issues...So he might as well continue splitting the rent until overnight care happens...

 

[Lennon]

If you want a police check, and you have a lawyer, they will do it. Been in a similar situation. I'm not sure about getting the info yourself, you could explain the situation and see how it goes.

Lawyers do not have special powers to obtain police checks.

 

[ConfusedMama]

Lawyers do not have special powers to obtain police checks.

My lawyer was able to in my family law matter.

 

[Lennon]

My lawyer was able to in my family law matter.

A party to family law proceedings (or their lawyer) can subpoena a a criminal record. That is not a "police check" and will use up one of the limited number of supoenas that the party is entitled to issue without leave.

 

[sammy01]

So what about mum refusing overnights until dad can confirm the kids are not sharing a room with his partner's child...? All kids are under 7yrs of age...

It is getting tedious. She agreed to one overnight and changed her mind when she found out that the kids were in bunk beds... and the latest is no sharing room with partner's son, no sharing house with lodgers and no overnights until 'sleep condition' is treated..

He will be off to court soon, but he is desperate to avoid court as he is self representing and the ex is not...