NSW Family Law on Residential Access?

[Liz Mano]

An out of court agreement has recently been reached to allow a 12-year-old girl in NSW to spend access visits with her mother in South Australia, on the proviso that mother and child reside with the maternal grandparents during the visit. The child has asked that an occasional night be spent alone together with mother and child. Both mother and child would continue to reside with the grandparents, only having a night to themselves once out of every visit.

There has never been harm to the child. Previous access visits (since 2006) have gone extremely well. The mother is not a flight risk. It is the child who has requested that a night alone be spent with mother and child.

An argument could be made that if orders are being complied with (i.e that mother and daughter are residing with the grandparents for each visit) Then there is no need to seek the court's permission in what is essentially no deviation from orders.

The mother has reports which are very favourable - these reports are from health care professionals as well as family members.

The father is extremely hostile to the mother and, in the past, has refused requests for a change to interim orders for a better balanced contact between the child, her mother, and the maternal side of the family whom the father had consistently refused the child access to.

It was only because the mother commenced proceedings for final orders that the father has had to comply with more reasonable contact with the mother and her family.

Can anybody help with their interpretations or family law thoughts on the matter?

Regards

 

[AllForHer]

What do you mean by an 'out-of-Court' agreement? Are these consent orders sealed by the Court, or is it a parenting plan?

 

[Liz Mano]

What do you mean by an 'out-of-Court' agreement? Are these consent orders sealed by the Court, or is it a parenting plan?

These are consent orders about to be sanctioned by the court. Any help you can give would be much appreciated.

 

[AllForHer]

What's the exact terminology of the order? Does it explicitly state the maternal grandparent is to supervise the care arrangements, or does it just state the mother must live with the maternal grandparents?

If it's the latter, then nights alone without the grandparents are unlikely to be considered a contravention by the Court (though that doesn't necessarily mean dad won't be able to file for contravention orders, it just means the Court probably won't agree that it's a contravention).

What's the reasoning behind the residency arrangement, anyway? Why is mum agreeing to such an order?

 

[Liz Mano]

What's the exact terminology of the order? Does it explicitly state the maternal grandparent is to supervise the care arrangements, or does it just state the mother must live with the maternal grandparents?

If it's the latter, then nights alone without the grandparents are unlikely to be considered a contravention by the Court (though that doesn't necessarily mean dad won't be able to file for contravention orders, it just means the Court probably won't agree that it's a contravention).

What's the reasoning behind the residency arrangement, anyway? Why is mum agreeing to such an order?

The new orders stated right from the beginning that the mother reside with the grandparents and maternal aunt.
The mother had abducted the child when the child was 8wks old. She is 13yrs now.
This is the first time that Amiity has come to adelaide and so the aunty will be traveling with her.
We have been fighting for proper and fairer access. New orders seem we have. The need for supervised

What's the exact terminology of the order? Does it explicitly state the maternal grandparent is to supervise the care arrangements, or does it just state the mother must live with the maternal grandparents?

If it's the latter, then nights alone without the grandparents are unlikely to be considered a contravention by the Court (though that doesn't necessarily mean dad won't be able to file for contravention orders, it just means the Court probably won't agree that it's a contravention).

What's the reasoning behind the residency arrangement, anyway? Why is mum agreeing to such an order?

It's two reasons : the first is that the mother won't be a flight risk (bearing in mind that initial thinking was the mother might run) . The mother has made no attempts to abscond with the child.
The reason for the inclusion of the residency is that mother lives in a one bedroom unit and there is no room for the child. Also the child has a good relationship with her grandad (the child adores her grandad) and would like to stay at their house, as long as her mother slept in the same room with her.
Getting away together, even for one night, would mean a lot to mother and child.
Of course it would be based on the child's wishes.
Again, any feedback from you would be appreciated .
Regards Liz

 

[Liz Mano]

The new orders stated right from the beginning that the mother reside with the grandparents and maternal aunt.
The mother had abducted the child when the child was 8wks old. She is 13yrs now.
This is the first time that Amiity has come to adelaide and so the aunty will be traveling with her.
We have been fighting for proper and fairer access. New orders seem we have. The need for supervised

It's two reasons : the first is that the mother won't be a flight risk (bearing in mind that initial thinking was the mother might run) . The mother has made no attempts to abscond with the child.
The reason for the inclusion of the residency is that mother lives in a one bedroom unit and there is no room for the child. Also the child has a good relationship with her grandad (the child adores her grandad) and would like to stay at their house, as long as her mother slept in the same room with her.
Getting away together, even for one night, would mean a lot to mother and child.
Of course it would be based on the child's wishes.
Again, any feedback from you would be appreciated .
Regards Liz

The orders state that the mother resides with the grandparents, not is supervised by them.

 

[AllForHer]

Okay, so...

You've said 'the mother has made no attempts to abscond with the child'. Not exactly true, though, correct? Child was eight-weeks-old when she disappeared into the fray for 13 years, I'd say that is a pretty good indicator of an attempt to abscond with the child.

You've also said that mum is living in a one-bedroom unit. So not living with the grandparents, correct?

My view? If dad is the custodial parent, then ask him. Mum's position is precarious - she's not living with the grandparents, but dad is still facilitating visitation, probably on the assumption that the grandparents will at least be supervising. If his trust is broken, there's nothing that really stops dad from saying 'Well, you're not living with your parents, so until you are, I'm not facilitating the child's time with you'. Is that a risk mum wants to take?