My daughter has a child to a mistake. She wants nothing to do with him. He has a history of promiscuity, has one child who is 4 years old, and one 7 months old to my daughter, and another due in one month to a girl he refuses to have anything to do with and whose baby he declares he wants nothing to do with.
He has a history of instability and violence. My daughter wants nothing to do with him and does not want him anywhere near her son. She did not register him on the birth certificate as the father. He has pressed for access and mediation.
She attended mediation today and though she objected to face-to-face mediation, this was apparently forced on her by the mediator. Under what she felt was intimidation, she signed a recognition that he was the father. She wants nothing from him in the way of child support. She also agreed to supervised access to the child under what she described as duress from the mediator, his lawyer and her legal aid representative.
Q1: Can she rescind the recognition of the father as she feels that she signed it under duress?
Q2: Can she refuse access to the child as she also agreed to this under duress? There is no signed document for this.
Q3: What is the procedure for some one wanting to prove paternity?
Q4: Can a court order the invasion (assault, maybe) of a minor without the permission of the parent to obtain DNA and how is this viewed under the Australian Constitution?
Q5: Does the Australian Constitution override stare Law?
Q6: If she refuses can the system jail her. She has two children 5 and 7 months old?
Q7: Can she be forcibly removed from her house and forced to make her infant son available for assault to obtain a DNA specimen for DNA testing?
I think that all this government intervention is a waste of time in most cases and yes, I am biased on my daughter's side, but I also know this character. For all the intervention, there are still so many cases of domestic abuse that continue because it appears that all concerned are happy to tick the box that a situation is resolved when it realy is not.
My daughter felt intimidated by the mediator (government employee) her representative, (government employee), his representative (government employee). So let's get this over with and we all go out to lunch. It's a joke.
How many people walk away from mediation that end up assaulted or even dead?
Hopefully you can answer some of my questions so that I can help my daughter to fight this to the end. I am not ant-anyone who is a reasonable person. I have an ex-son-in-law who I admire and respect, and who respects and supports my daughter and her two children. We just need help to get rid of a real rotten apple.
Many thanks
He has a history of instability and violence. My daughter wants nothing to do with him and does not want him anywhere near her son. She did not register him on the birth certificate as the father. He has pressed for access and mediation.
She attended mediation today and though she objected to face-to-face mediation, this was apparently forced on her by the mediator. Under what she felt was intimidation, she signed a recognition that he was the father. She wants nothing from him in the way of child support. She also agreed to supervised access to the child under what she described as duress from the mediator, his lawyer and her legal aid representative.
Q1: Can she rescind the recognition of the father as she feels that she signed it under duress?
Q2: Can she refuse access to the child as she also agreed to this under duress? There is no signed document for this.
Q3: What is the procedure for some one wanting to prove paternity?
Q4: Can a court order the invasion (assault, maybe) of a minor without the permission of the parent to obtain DNA and how is this viewed under the Australian Constitution?
Q5: Does the Australian Constitution override stare Law?
Q6: If she refuses can the system jail her. She has two children 5 and 7 months old?
Q7: Can she be forcibly removed from her house and forced to make her infant son available for assault to obtain a DNA specimen for DNA testing?
I think that all this government intervention is a waste of time in most cases and yes, I am biased on my daughter's side, but I also know this character. For all the intervention, there are still so many cases of domestic abuse that continue because it appears that all concerned are happy to tick the box that a situation is resolved when it realy is not.
My daughter felt intimidated by the mediator (government employee) her representative, (government employee), his representative (government employee). So let's get this over with and we all go out to lunch. It's a joke.
How many people walk away from mediation that end up assaulted or even dead?
Hopefully you can answer some of my questions so that I can help my daughter to fight this to the end. I am not ant-anyone who is a reasonable person. I have an ex-son-in-law who I admire and respect, and who respects and supports my daughter and her two children. We just need help to get rid of a real rotten apple.
Many thanks