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NSW Family Law Mediation Not Being Followed - What to Do?

Discussion in 'Family Law Forum' started by Darren barrett, 11 June 2015.

  1. Darren barrett

    Darren barrett Active Member

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    I have just gone through family law mediation with my ex and we agreed on some parenting orders but they were not signed off. Since mediation, my ex is now refusing me to see my son and even speak to my son until I sing the orders. She is using him as blackmail. I am filing court orders tomorrow.

    Is there any thing I can do so I can see my son?
     
  2. AllForHer

    AllForHer Well-Known Member

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    If you were to sign the agreement now, it would be under duress because the other party is basically forcing you to do so. Parenting plans signed under duress are considered void, and it would be prudent to write "signed under duress" near your signature of you did decide to sign it now.

    When you file your initiating application with the court, make sure you also tick the box and apply for interim orders. Interim orders are what the court puts in place while proceedings are under way as proceedings can often take a year or two to reach completion and it's not often in a child's best interests to stop spending time with a parent for such a long period.

    For interim orders, it's prudent to keep them fairly simple - for example, that the parents have shared parental responsibility, that the child live with the mother (I assume), that the child spend regular time with the father (such as alternate weekends from after school Friday to before school Monday and an overnight each week). Also include half gazetted school holidays and special occasions (Christmas, birthdays, Father's Day). Anything outside the 'standard' orders - parental responsibility, live with and spend time - can probably be held over until final orders.

    Provided there's no issues of family violence or risk to the child, the court will give interim orders facilitating the child's time with you.

    Be patient while you wait for your first interim hearing. The court frowns upon parents who take justice into their own hands, so just be patient, keep the child's exposure to conflict to a minimum and treat the mother with respect so that any allegations she might make about you are at no time substantiated. Let us know how you go.
     
  3. Darren barrett

    Darren barrett Active Member

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    Thank you for your information. I have proposed interim orders like you have stated. And have also annexured the letter in stating that they are blackmailing me to sign the documents. I am not sure if I can even see my child yet. I am waiting for a reply from my ex solicitor stating what I can and can't do to use that as proof against them.
     
  4. GABE JAE

    GABE JAE Active Member

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    Hi there I have been seeing my 3 daughters for the past couple of years since my x and I spilt up. I have a parenting plan which we both signed through the court about 5 or 6 years ago now and now she won't let me see my daughters because we had a heated argument and she wants to go to family court. Is my parenting plan legitimate since it's been 5 or 6 yrs ago since it's been place? And how can I get to see my daughters while she won't let me . I would really need some advice .
     
  5. AllForHer

    AllForHer Well-Known Member

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    When you say it was signed through the court, do you mean the parenting plan was registered as consent orders?
     
  6. GABE JAE

    GABE JAE Active Member

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    yes it was through court and myself and my x partner signed my solicitor
     
  7. AllForHer

    AllForHer Well-Known Member

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    If it was registered with the court, it will be consent orders. Consent orders remain in place and effective until the children turn 18. If she is refusing to follow the orders now, you may have grounds to file a contravention order.

    Contact Legal Aid and book a free consultation to get some legal advice about your situation. Hope this helps.
     
  8. GABE JAE

    GABE JAE Active Member

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    I've just been to the police station to see if they can come with me to see my daughters and I showed them my parenting plan and all they said to me is they can't help out I have to go to family court . Like seriously what rights do fathers really have are the police bias on fathers and they take the mothers side like there should be a sign we don't help fathers we only help mother .
     
  9. GABE JAE

    GABE JAE Active Member

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    can I file for full custody since she won't let me see my daughters
     
  10. Darren barrett

    Darren barrett Active Member

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    After being blackmailed to sign the consent orders and being refused to see my son as agreed at mediation I filed the application with the court. I advised my ex partner that I have done this and I have also given her the court date. Is it right that I have 28 days to serve her solicitor with the papers.
     

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