WA Family Court - What will Happen at Interim Hearing?

[Hoang Trang]

Hi guys,

Just a quick overview. The mother left the kids with me to be with her new partner. We were separated for 5 months when this happened. Twins were 1 year and 8 months old at the time. They have lived with me for 1 year and 7 months with the last year being 5 nights a week.

I initiated mediation last year to change the schdule as kids are starting school this year. We only had one session then she requested the certificate to proceed to court. She applied for recovery order despite having the kids two nights week. Would only allow me to have the kids by picking them up from daycare Friday afternoon and dropping back on Monday morning.

I signed the consent orders at the first hearing to see my kids as did not have any contact for 7 weeks. Have the case conference in a few weeks.

I did a drug test and had zero reading on everything and kids a safe and very well looked after. No medical records of injuries and welfare have never been involved. Never had a DVO or AVO on me. I have been accused of being a drug user and neglect my kids and that they are in danger.

She has put kids into daycare full day 5 days a week. On two occasions in past 2 months my son has been very ill and she was " unavailable to stay at home " and I collected them from daycare to be in my care.

At the interim hearing I wish to return back to our schdule we have had for past year, return to mediation and both be enroled
into counselling.

She was fraudulently claiming Centrelink payments for over a year and I recently found out when the Child Support Agency came after me despite having kids 5 nights a week. I made a appeal and was successful and the decision was over turned. This was the catalyst for everything that has happened.

I am a hard working devoted father and did not received any child support or Centrelink payments to assist in raising my kids. Kids have been living with my partner for over a year and she has help raise my kids like her own.

Any ideas as to what will happen at the interim hearing?

 

[sammy01]

I suspect not much will happen at the interim hearing. Gee I hope it works out for you. Let us know how you go

 

[Hoang Trang]

Hi Sammy

Any chance the kids will be returned back to living with me 5 nights a week? The kids lives have been up rooted. She has no family here where as I have my mum and partner who have been a significant part of my kids lives.

The change in care went from 5 nights to 3 nights 2 months ago.

Will her commiting Centrelink fraud be damaging to her case?

I suspect not much will happen at the interim hearing. Gee i hope it works out for you. Let us know how you go

 

[sammy01]

Can you give us a timeline to help understand? So start with when you guys broke up and tell us where the kids were living then...and then what happened next etc etc... So we can get a picture of where the kids have been living since separation.

Look committing Centrelink fraud won't help her case - But is isn't likely to be the deciding factor.

 

[Hoang Trang]

Also wish to add that kids will not attend daycare with me. I work part time to be at home and care for my children.

My partner works full time and financially provides for the family. We own our house and kids each have their rooms. My step son lives with us during the week and the kids only get to see each other on Sunday evenings.

They miss each other dearly and have been living together and inseparable for over a year. She has enroled them into kindy 3 days a week and the other days into daycare.

I drive 2.5hrs round trip to collect my kids from daycare and in total 5hrs every weekend. Very sad and upsetting to see that they have to sit in the car for over a 1hr home when they have spent all day in daycare.

She had them two nights a week during the week days but I proposed in mediation to change to weekends as kids have school. She did not like that at all.

can you give us a timeline to help understand. So start with when you guys broke up and tell us where the kids were living then.... and then what happened next etc etc... so we can get a picture of where the kids have been living since separation.

Look committing centrelink fraud won't help her case - But is isn't likely to be the deciding facotr.

After she left I had kids 7 nights a week for 3 months. Then I had them 4 nights a week for 5 months then the remaining year I had them 5 nights a week.

We never had a Parenting plan etc it was what she wanted and I worked around it to suit her. We had a good relationship before this and use to speak to each other everyday and FaceTime the kids and send photos.

Things only went sour when I wanted to change the schedule. She had them Thursday morning until Saturday afternoon for a year. I then proposed to change to Friday evenings until Sunday evenings.

 

[sammy01]

Can you please re-read my last post - if you want other people's thoughts then you need to give them the info they need.

So hang on - the kids live 2 1/2 hours away from you?

 

[sammy01]

So it is gonna be hard to get 5 nights a fortnight while there is 2 1/2 hours travel time. Can you move closer to where mum lives? Or seek orders where you become the primary carer?

But you need legal advice on that one... While it would appear a possibility from here but a solicitor would be in a better position to advise you than what anyone can on a site like this.

 

[Hoang Trang]

I apologise will start over all again

We separated in September 2014 and February 2015 she moved out. I moved back in and the kids lived with me 7 nights a week for 3 months.

She would spend time with the kids during the day in this period. She would pick them up for half a day 2-3 times a week.

From May 2015 until November 2015 she started to have them 2-3 nights a week.
From November 2015 until September 2016 kids lived with me 5 nights a week. She would pick them up Thursday morning and drop off Saturday afternoons.

In June 2016 I initiated mediation to change to Friday afternoon until Sunday afternoon. I had enroled my kids into kindy and their schools days were Monday, Wednesday and Friday. She did not agree and things started to go south.

She did not have the kids for 2 weeks as I only allowed weekend time and she didn't want them on weekends ( I know my bad ).

During this time she filed a recovery order. She then pick them up and then I was issued consent orders which were for me to pickup from daycare Friday 4pm and return back to daycare Monday morning 9:00am. Was only allowed to see them if I signed her consent orders. Did not see my kids for 7 weeks I literally went crazy and out of my mind!

At the first hearing the judge pretty much said for us to sort it out. So I signed to see see my kids.

Her daycare is 1hr away from me but because of the peak hour traffic at 9am and 4pm it takes me 1.5hrs to drive there and even longer to drive back home. My poor kids are very upset and restless every time and it breaks my heart.

I have since enroled my kids into another kindy which has classes on Monday, Tuesday and Wednesday so it won't interfere with the previous schedule. I will be asking interim orders to have kids returned back to living with me and continue with the previous Thursday until Saturday times, go back to mediation and enroled in post separation courses

 

[sammy01]

So my concern is this - 5 a fortnight won't work with the travel time. While it might be ok now - what about when the kids start school?

Your best bet is to move closer to mum and then go for 50/50. But as is, you're most likely to get alternate weekends and half school holidays.

 

[Hoang Trang]

Her final orders are for me to have kids Friday, Saturday and Sunday nights and half holidays. And pick up kids from school Friday and drop back to school Monday morning.

I will proposed for handovers to occur at my business which is closer to hers then mine. This way kids have a break in between and as it's a family business they get to spend time with other family members before and after handovers.

We recently purchased a house so that each of my kids have their own rooms.
She rents and my kids have to share a room.

I wish to seek final orders for kids to spend time with her every weekend and half holidays. And handover to occur a half way point ( my business ) on Friday evenings and Sunday afternoons.

Or every alternative weekend if she wishes