NSW Family Court - What to Expect at First Mention?

[sammy01]

So old mate has his first mention soon. He is having 1 night a week with his kids. Some complications... He has a disability, but works full time. He can't drive, but apart from that is fully functioning.

The ex is likely to make up some crazy stuff, kids have asthma, kids have strong attachments to mum and don't settle well moving from house to house. The usual crazy that folks use when they don't have anything substantial to help their case.

Kids 3 and 5.

So at first mention. What can he expect? Interim orders that provide substantial and significant time? He is going for 50/50?

Anyone want to have a go at reading this guy's future? In particular what is likely at first mention in family court?

 

[LouiseThomas]

Should be no reason he won't get significant or substantial time at interim. I mean really, having a disability isn't a barrier and if she comes out with lots of nonsense the courts will see straight through that - they usually do.

 

[Rod]

As long as he doesn't attack the ex he stands a reasonable chance, though not sure how well organised he will be working full-time and looking after kids.

If I was the mother I'd be making a big fuss over the fact he can't drive eg can't take kids to special events, after school activities, doctor's appointments etc.

So he should have a counter ready to role out and not get flustered over the response. Prepare and think ahead

 

[LouiseThomas]

Yes Rod makes a good point. There are ways around things like this and it shouldn't be a negative. I hope not anyway!

 

[sammy01]

oops, work is not quite full time - 28 hours a week. But he also gets a DSP pension. So is is financially pretty secure.
Yup - all of a sudden the ex is making a big deal about transport. Doesn't want the kids on trains because they don't have kiddie seats on trains. He lives in Sydney, near a train station. So she is making the transport a big deal, but she is going well beyond sensible argument.

Thanks for the responses guys.
So anyone wanna guess how many nights he'll get per fortnight?

 

[Rod]

I'll take a guess, and guess is all it is - min 2, max 7. Probably changing over time, say at 3 months, 6 months and 12 months.

 

[Jake Matherson]

Me ex is not licensed and I raised that concern with my lawyer when writing my Initial paperwork back in June this year.

He didn't lift an eyebrow to it. Busses and trains / other people driving the child around was perfectly fine in his opinion.

We did include her lack of license in my paperwork but it was worded in a way to say that I was the driver in our relationship and therefore I made it my responsibility to take the child to and from daycare each day and any medical appointments.

We made it a pro for me as apposed to a con for her.

 

[sammy01]

Yep, I don't think the licence is an issue. The guys has discounted taxi vouchers I believe and in the big smoke the issue is less a deal than in my little country town where the busiest bus service is the courtesy bus from the local pub...

 

[Complex16]

They might keep arrangements as is pending a family report?