QLD Family Law - When Does Heritage Enter into Custody Arrangements?

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nat 2015

Well-Known Member
8 February 2017
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Hi

I have just been told by a lawyer that because my children are part aboriginal that my ex has more rights to them than myself as that judges look at children being removed from there family connections. Is there any family law truth behind this, I am confused by this statement?

What happens if the father is unable to provide the appropriate care in the 22 yrs I was with him? I was the one to do 90% of the cultural outings. He didn't speak to his family for 7 yrs, and him himself as never got involved on the level that I see as him being part of the community, his family has only really started to show interest in our children since we separated and to me it seems ungeniune.
 

sammy01

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27 September 2015
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Aboriginality is specifically referenced in family law as a factor...

Parenting cases - the best interest of the child - Family Court of Australia

But I would not read that as being a singular determing factor that would grant an Aboriginal parent more time... It would merely be an element that the magistrate would need to consider.

How much time does the other parent want with the kids? How far removed is that from how much you would like the other parent to have?
 

sammy01

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27 September 2015
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How old are the kids? What sort of access do you think he should have?
 

nat 2015

Well-Known Member
8 February 2017
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5
419
Kids are twin 13 yr olds a 14 yr old and a 1 year old. I would like to have it every 2nd weekend and holidays a week at a time with the baby. I am unsure as she is still nursing. I thought a few hours a week to start of with
 

nat 2015

Well-Known Member
8 February 2017
162
5
419
Sammy you seem to know a bit about all this family stuff...when does it get easier?
 

AllForHer

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23 July 2014
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On the culture question, it's not a matter of how involved the father is in his Indigenous community, but rather, it's about ensuring the children enjoy the opportunity to learn about his cultural traditions from the relevant parent. If you're not Indigenous yourself, then obviously this part of section 60CC benefits dad, not you.

I'll be honest.

If two of the four kids are on 50/50 now, there's a pretty good chance the Court will order 50/50 for all kids, or at least very close to it.

I say this for a few reasons.

First, there aren't a lot of circumstances where arrangements will go from 50/50 agreed or ordered, back to alternate weekends and half holidays at final hearing. Unless you have incontrovertible proof that 50/50 is hurting the kids, the Court would be reluctant to change the status quo, and it would be reluctant to have all four kids on different care regimes.

Second, it's entrenched in law that the Court must first consider equal time where the presumption of shared parental responsibility is upheld, and failing that, it must then consider substantial and significant time. Substantial and significant time is a combination of weekdays, weekends, holidays and special occasions, so the old-school every-other-weekend deal doesn't really exist where shared parental responsibility does. If it's not 50/50, substantial and significant time is in all but a rare few cases, considered four, five or six nights a fortnight.

Third, the one-year-old should be well and truly on to solids as his main source of nutrition, now, and that's not a matter of opinion, but more a matter of medical research. On top of that, if the siblings are with dad 50/50, the toddler is probably more likely to cope with the care arrangement, but if the Court wants to address any doubt, it might increase time in increments until the toddler is on the same care arrangement as the other kids.

Fourth, I've read a lot of your posts, and from what I can't tell, you haven't provided any real compelling reasons why 50/50, or close to it, isn't viable. Sure, you've got AVOs against each other, but this is family law. AVOs are a dime a dozen, and judges have even remarked to press that there are more family law cases with AVOs involved than without, yet only a very small percentage actually find the allegations of family violence compelling as an influencing factor in parenting matters.

You've asked when it gets better. In my experience, it gets better when the parents lay down their arms. My husband and his ex had an extraordinarily volatile relationship following separation. Like your ex, he wanted 50/50, and like you, she wanted him to have three nights a fortnight, which was granted in interim orders. There were over 10 incidents where police were called, one AVO pursued by her, two by us, countless arguments in front of and even involving the child, then just four years of age, and even physical disputes sometimes, yet in the end, they still ended up with 50/50.

After they'd finished with Court and their fifth matter was closed, they very slowly, piece by piece, started working as co-parents, and now things are very amicable. I wouldn't describe them as friends, but they certainly respect each other and the important role they each play in their daughter's life.

What changed was them laying down their arms.
 

sammy01

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27 September 2015
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Hang on a minute - the older ones are not with dad 50/50? Have I mis-read?

So what sort of time are the older kids with dad at the minute...?
 

AllForHer

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23 July 2014
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Other posts indicate two of the four are 50/50, one doesn't see dad at all, the toddler is once a week, and the oldest is 20, but lives with dad.
 

AllForHer

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23 July 2014
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From another thread:

Hi there is 5 children 1,13,13,14 and 20 yr old I took a dvo out against him and have a order in place until April next year the arrangements for the the oldest children is he has 2 of them week off week on the other boy ran away from him a month ago and refuses to go back I took advice from legal aid to not force him to go back he hid under the bed there was an abusive incident involving the 20 yr old it's a huge mess I honestly think his being vexatious in applying for one