QLD Father being denied access to Daughter

[Concerned Grandmother]

Hi, I am hoping someone can help our son situation before it get out of hand.

His wife kicked him out just over a month ago with nothing because she had met someone new who quote " told her all the things she wanted to hear." There are 3 children involved including his 18 month old daughter who she has allowed limited access to up until now.

There is no parenting plan in place as she has until a few hours ago refused mediation.

He is working shifts at the mines and living at home here with us for the moment so as to offer bub when he has time off a stable environment.

Three days ago he advised her that he would like to collect bub tomorrow morning Monday 4th June and return her Friday afternoon.

As of 9am this morning he has been refused access. Using the excuse that bub has to have access to her 1/2 brother and sister and that he will be too tired to look after her coming off shift.

There is a major issue of safety with the 1/2 brother and sister due to inappropriate sexual behaviour over the last 12 months which has been witnessed by other and we are all concerned leaving bub in the house with them.

The new lover moved in within a couple of day of her kicking him out who we know nothing about and she has a drinking problem.

Please advise our best course of action ..
!. Can he still collect his little girl tomorrow morning and return at the stated time as per the email.?
2. Can he apply for temporary custody ?

Thank you concerned Grandmother

 

[Rod]

If she is refusing reasonable access, your son needs to start looking at what is needed through court.

Start here: Before you file - pre-action procedure for parenting cases (prescribed brochure) - Family Court of Australia

And then post back here if you have further queries.

 

[AllForHer]

1. If there's no parenting orders, the parents can do as they see fit. Is it a good idea, though? Nope. Collecting the child without agreement between the parents is going to hurt dad's case later on, primarily because it shows he's willing to place the child in the middle of a hostile situation so that he can get what he wants.

2. He can file an initiating application for primary residency as interim orders, but he probably won't get. Isn't dad working at the mines? What's he planning to do, give the child a cosy room in his donga? And what are the grounds for uprooting the child from the residence that she knows with the parent who has been her primary carer? Some speculation about the other kids from you and a few mates? Do you really think it's a wise idea, especially since it's apparently only temporary?

 

[Concerned Grandmother]

1. If there's no parenting orders, the parents can do as they see fit. Is it a good idea, though? Nope. Collecting the child without agreement between the parents is going to hurt dad's case later on, primarily because it shows he's willing to place the child in the middle of a hostile situation so that he can get what he wants.

2. He can file an initiating application for primary residency as interim orders, but he probably won't get. Isn't dad working at the mines? What's he planning to do, give the child a cosy room in his donga? And what are the grounds for uprooting the child from the residence that she knows with the parent who has been her primary carer? Some speculation about the other kids from you and a few mates? Do you really think it's a wise idea, especially since it's apparently only temporary?

Thanks for your input -
1.No Kyle is working at the mines here in town and living at home with us where he has his own facilities and more than enough room for bub.

2.Can you please explain primary residency as this is the first time we have heard this phrase.

3.In relation to her primary carer in the past it would have to be her father as in the whole 18 months we have never witnessed her doing anything for the child. In his previous employment he even came home at lunch time to insure that his daughter was fed. Sorry do not understand what you mean by only temporary what is only temporary.

 

[thatbloke]

There is a major issue of safety with the 1/2 brother and sister due to inappropriate sexual behaviour over the last 12 months which has been witnessed by other and we are all concerned leaving bub in the house with them.

Your first problem raising allegations like this in the Family Court is that you will be asked is have you done nothing about it for 12 months and if you have not, how great can the danger be? You cannt say these kinds of things have happened over a long period of time and at the same time have done nothing about your concerns. Just a heads up

3.In relation to her primary carer in the past it would have to be her father as in the whole 18 months we have never witnessed her doing anything for the child

This will also get you nowhere. Were you with them 24/7? You cannot possibly say a person has never done anything for their child with any credibility. Be very careful how you interfere, it can backfire quite badly

 

[sammy01]

hang on a minute... bub is 18 months old? dad is fly in fly out.. So no consistent relationship with the bub... He wants 4 nights in a row?
No chance in court...
Sorry Shirly, but them's the facts.

 

[Concerned Grandmother]

hang on a minute... bub is 18 months old? dad is fly in fly out.. So no consistent relationship with the bub... He wants 4 nights in a row?
No chance in court...
Sorry Shirly, but them's the facts.

Dad is not fly in fly out where did you get that idea he works in town

 

[AllForHer]

Thanks for your input -
1.No Kyle is working at the mines here in town and living at home with us where he has his own facilities and more than enough room for bub.

2.Can you please explain primary residency as this is the first time we have heard this phrase.

3.In relation to her primary carer in the past it would have to be her father as in the whole 18 months we have never witnessed her doing anything for the child. In his previous employment he even came home at lunch time to insure that his daughter was fed. Sorry do not understand what you mean by only temporary what is only temporary.

2. Primary residency is who the child lives with, rather than who the child spends time with, but doesn’t live with.

3. The primary carer isn’t her father. If she was the stay-at-home parent, she is the primary attachment figure (or primary caregiver), regardless of what you think you did or didn’t witness. Frankly, I find it rather deplorable that you’re criticising the mother for how her father has provided support for the child, but then you also think the situation you offer in your household is any different.

Unless you have proof the child is at an unacceptable risk of harm in the mother’s care - and mind, speculation about the siblings does not amount to proof without additional corroborating evidence - there is no compelling reason why this child should live with you and the father, over the mother.

Dad is better off seeking reasonable time with the child through the Courts, not residency.

 

[Concerned Grandmother]

Thank you everyone for your time and comments we have just returned from a meeting with the solicitors and everything is being put in to place.