QLD Family Law - Can Stepdaughter Refuse Visitation?

[Funz1975]

Hi,

My stepdaughter has split with her boyfriend who was also her carer. Can she refuse visitation until an order is in place?

He has taken off with the child a couple of times and she knows for a fact that if he takes her on a visit he will not return her. He has told her because she is on a disability payment and has not transportation that she is not suitable to look after the child. His parents and himself are trying to prove she is unfit due to the fact she has forgotten once to feed and bath her and forgot to put cream on her bum rash.

Hell, I'm sure she's not alone there.

So, anyway long story short. He was her carer and she found out after struggling for 2 years with no money that he was lying about being broke but was spending all their money on cars. Ohh and she wasn't allowed takeaways but he was spending up to $100 a week on it while she was at home with the baby eating bread and crackers.

Sorry to rant....

Can she legally stop visitation under family law til she has an order? And what order is best for residential? He won't sign for shared custody of children.

Also where does she stand legally regarding his lying regarding her money and anything he has obtained with shared money? Like cars?

 

[sammy01]

Where is the baby at the minute?

 

[MartyK]

Is the matter already in Court? Who are the paternal grandparents and father trying to prove your step daughter is an unfit mother to? Child Safety QLD?

Disability of a parent, depending on diagnosis, but moreso ability to care for the child, can add additional considerations for the Court when determining a parenting matter.

You would be better to get in touch with Legal Aid QLD to discuss your options. Many family law lawyers also offer a free initial consultation.

 

[AllForHer]

If there's no orders, there's nothing stopping her from withholding visitation.

Should she, though? Probably not.

Sounds like dad is in a reasonable position already to argue for primary care of the child, so if she withholds visitation, all she will be doing is giving him ammunition to argue that in addition to not having transport, failing to feed the child and needing a carer herself, she will also interfere with the child's right to have a relationship with both parents because she will withhold the child on a whim and without reason.

What she's better off doing is trying to speak to the father about a parenting plan that gives the child adequate time with both parents.

Regarding the property of the relationship, how long were they together?

 

[MartyK]

One of the issues you have here Funz is that there can be a far higher standard placed on separated parents than on intact families e.g. while not all children will be bathed by all parents every single day, in particular small babies (in fact it can be recommended at times not to, washing down is a different matter), after parents separate mundane issues, that would not be seen as an issue beforehand, can be exacerbated to ridiculous levels (especially in our adversarial system).

This includes having no car, even though plenty of parents travel by public transport with their children, sometimes through choice. If she lives with you, I expect someone in the household has a car?

Not feeding a child is a different matter.

 

[Funz1975]

The child is with mum