VIC Father is not letting me see our daughter

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Emmayoung

Member
7 March 2020
2
0
1
A parenting order was made for our daughter to live with her father. We also have a parenting plan in place which specifies that I will have our daughter from Thurs to Sunday afternoon and he from Sunday to Thursday afternoon so 60/40. Father has not allowed me to take our daughter for approx one year and has made it very hard for me to see her at all. Also my mum has played a consistent role in our daughters life and father has stopped her visitations which were not set in the plan but verbally agreed to. Father hasmoved in with new girlfriend and I don't no address. Is he supposed to inform any changes like this to the court and how can I get my daughter either back in my care or at least get my 40% as our daughter is suffering greatly from this and he is thinking only of himself by restricting my relationship with our daughter. I don't no what to do. I want to go and get her and I don't no if I am allowed to legally as I read parent plan isn't legal document that can be enforced. Also my daughter has voiced that she does not want to live in this new home. And is distraught when she gets taken back there. My daughter is 4. I am concerned about her well being and I want to no if I enforce my 40% access with out his consent will I be accused of breaching his parenting order or be doing the wrong thing even though it is what was agreed on in the plan
 

sammy01

Well-Known Member
27 September 2015
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Just checking? You have court orders? Do the court orders stipulate when the kid spends time with you? Surely the court orders say something about when you see the kid?

Don't go taking the child and breaching court orders. Apply to court for a recovery order would be the best approach.

Please use paragraphs - a whole muddle of words with no breaks is hard to read.
 

sammy01

Well-Known Member
27 September 2015
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690
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Sorry, but this doesn't sound right. I think you need to learn the definitions.
A parenting plan is an agreement. It can be written on toilet paper because legally it means next to nothing. It is not enforceable.

A court order means you guys have been to court and the court has given dad 100% care.

Id suggest you call relationships australia and ask them to organise mediation.

Does dad think he has any reason to stop you seeing the child? Has he accused of you of anything? Drug use? anything?
 

rjm

Well-Known Member
2 February 2020
92
7
314
Lol @ Sammy re paragraphs. Yes people, please brush up on your literacy skills before seeking help with your legal problems......
 

sammy01

Well-Known Member
27 September 2015
4,853
690
2,894
I think you owe this poor woman that just wanted some advice on her legal situation an apology.... Or were here literacy skills not proof of her parenting skills?