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

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AllForHer

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23 July 2014
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Well, I suppose my first question is, why is he only seeking five and not 50/50?

Do I think he'll get overnights at interim hearing? Depends, has mum raised the allegations of violence yet? If so, maybe not, but if she hasn't, then most probably yes.

Has he spent any time at all with the kids away from their mother since separating?
 

sammy01

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27 September 2015
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mum doesn't work, he does, he travels 1.5 hours - when they split she moved from Sydney to the south coast. He moved to be closer to the kids, the youngest was only 1 at the time so recovery orders seemed a bit pointless. At that point I had not met him and he was playing nice to try to appease her...

50/50 would be hard given his travel and work. It was a task to convince him to go for more than the routine alternate weekends. He is getting more confident and is now prepared to self rep and go for alternate weekends and mid week Wednesday...

He is yet to get the ex's response to his initiating application. So don't know if allegations of violence will be raised. It would appear the 'violence' is really trivial. She took the keys from his car and he wrestled to get them back...

He continues to see the kids, but the time has been reduced since he applied to court. He sees them Sunday for 8 hours. She is strategic. Refuses Saturday as she knows he could choose to keep them for the night. If she has stuff on Sunday, that involve the kids, he simply misses out...
 

AllForHer

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23 July 2014
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Okay, my views.

The kids are old enough to be spending overnights with dad. If the only violence she can allude to is a stoush about car keys - that she obviously contributed to - then I can't see this being a reason for the Court to refuse overnight time. Reasons it might have for refusing overnight time is that overnight time has never been facilitated before, he took a long to apply to Court, which implies he was kind of agreeable to it, and the father's parenting skills haven't really been tested outside of the current arrangement, so the Court might take a gently-gently approach.

With that said, though, it really depends what mum provides as reasons against overnight time.

What's he actually seeking in interim orders? If it were me, I'd probably go for one overnight each week (Wednesdays), plus one overnight on his weekend, so three nights a fortnight right off the bat, but not consecutive so the kids aren't at risk of any real separation anxiety, then seek the extra two weekend nights incrementally - move to four nights after, say, two months, then the full five nights after another two months.

I don't think the Court will continue allowing mum to play supervisor when they're spending time with their dad, though. I read a case recently (though I can't for the life of me find it now) where the mother asserted that she was a suitable candidate to supervise the father's time with his kids, but the Court shot it down instantly, commenting that it would create a toxic environment, considering the conflict, and that the children would be very limited in their ability to build a meaningful relationship with their father while their mother was there occupying their attention.
 

sammy01

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27 September 2015
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he was having overnights until 3 mths ago. Two things happened, he filed for court and moved in with partner... Since then she has made it hard. BUT there are some crazy text messages... Her asking him to take the kids for 3 hours on Sunday then refusing to come pick them up...

He is looking for alternate weekends and building up to 5 a fortnight. Look I'm confident he will get what he is after. But I also reckon this is one of those where even once the orders are made, she will find ways to prevent him seeing the kids.

Like I said, the last solicitor letter included a proposal for binding financial agreement until the kids are 18 with no discussion about time with the kids. Either mum isn't listening to solicitor's advice or solicitor is happy taking the pay packet from a client who is not prepared to take advice.
 

AllForHer

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23 July 2014
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Well, if the were kids were having overnights away from mum until three months ago and there's been no material change in the circumstances, then I'd say the Court will be very open to interim orders that facilitate overnight time. I hope he's included a history of events in his affidavit about when he was having overnight time, when he moved in with his partner and when overnight time stopped?

I also trust you've urged against the binding child support agreement?
 

sammy01

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27 September 2015
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No chance of a BFA... Offered a new limited agreement where he continued to pay about the same as at present for a further three years regardless of the amount of time he had with the kids, but that was rejected. She is refusing any overnights....

So no BFA. He has one more year to run on the limited agreement and he has learnt that she isn't one to accept that some additional financial assistance should be met with gratitude... If anything she keeps expecting more.

Kinda looking forward to seeing how he goes at self representing...
 

sammy01

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27 September 2015
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So despite one party being intimidating and almost stalking the other person's new partner, the judge ordered names of people sharing the house to be divulged... it gets worse... judge does not like McDonald's or other neutral territory for changeovers so has ordered mum to drop off kids and dad to return them and this happens at their houses...
 

AllForHer

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23 July 2014
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Yikes.

Did he get overnights, at least?
 

sammy01

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27 September 2015
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Yup - overnights once a week ATM... Once we settle down all of a sudden the drop off at each other's residences ain't all that bad... Better than sitting at Macca's... I'm a bit of an expert in Macca's. My longest wait was 3 hours.

So my thinking is if you're gonna be kept waiting, might as well be waiting in the comfort of your own home..which came with a smirk and a comment along the lines of 'oh, is that the time'.... Fortunately, me and my ex now live 8 hours apart, so Macca's half way is a necessity...

It also indicates the judge doesn't give the accusations of DV much currency.

Prior to her unilaterally withholding the kids, he used to do all the driving. She accused him of DV so they changed location to Macca's at her insistence to 'protect' her...

Off to trial in August because she agrees to one night a fortnight and no more... Pretty bloody ridiculous, given he is only asking for 2 nights - but the court will also ensure he gets a few Christmas days, as up till now he has not had time at Chrissy and other special occasions.
 

AllForHer

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23 July 2014
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Well, all in all, that's better than what it was before, isn't it?

I was thinking about the public changeovers thing. My husband's ex did more than intimidate and stalk me when I first came on the scene - the first time I 'met' her was when she was trying to climb into the house through a window while screaming like a banshee with her kid watching her from the backyard. That basically set the scene for the next two years of changeovers. I can't remember a single time in that period when she just dropped the child to our house without some sort of domestic disturbance.

It wasn't until we filed for a DVO along after the parenting orders were finalised that we actually got the madness off our doorstop and moved changeovers to a public place. The FCCA didn't care about how difficult changeovers were in the privacy of our own property, but the Magistrate in the State Court was all too happy to intervene, thank god.

Hopefully, your friend finds it a lot more amicable than we did with changeovers being at home. You're right that it's a good sign of the Court's perspective, but hopefully it doesn't lead to more problems.