VIC Family Court Orders - Husband's Daughter Wants to Live with Us - Options?

[sammy01]

Can you explain why the kid wants to live with dad?

Next, I kind of disagree with some of the other opinion...

Yes, it is definitely better to do mediation etc and try to get a compromise, but sounds like you're compromising with a brick wall - waste of time.

Now as far as recovery orders go.... Look, without court orders, it is difficult to get a recovery order. But it also means that the mum has to do the leg work and not you. Now given the kid has been withheld from the dad for 14 months and depending on the reasons the kid provides for not wanting to stay with mum , it might be a viable option to just keep the kid.

I'd suggest try mediation - chances are mum won't show. But at least then you've got some evidence of trying to come to an amicable solution through compromise

 

[Megan09]

We have certificates for mediation to go to court as she didn't show or answer calls from then

Also, since his daughter has been 3 years old, she has always wanted to stay with him. He says the mum isn't nice to her when (the current at that time) boyfriend is around. When she is at ours, she gets love and we pay attention to her.

 

[AllForHer]

Remember this child is only ten years of age. She will say whatever she thinks will win the affections of the person listening - it's child psychology. So be cautious about how much weight you put in the child's wishes. It's just as likely that the child tells her mum how much she hates her dad and never wants to see him again. This is why the court uses expert witnesses to ascertain the wishes of a child, rather than the parents' understanding of what the child's wishes are.