QLD How do I go about getting 50/50 custody of my child?

[MikeC]

Hello,
I am trying to figure out how I go about getting 50/50 shared custody of my child.There are no court orders saying who the child must remain with at present.

My ex partner (mother of my child) and I are currently still living together but the family home and personal relationship has broken down and I think it is best for my son,and myself,if I just move on with our lives and try and make the best of a crappy situation.I have voiced this to my ex partner and have also told her that I would like 50/50 custody,week on week off due to my work.She will not entertain the idea at all because,and I quote her "I am not going to agree to that because I will loose all of my Centerlink benefits".She has also refused any kind of mediation or dispute resolution.
Please do not hesitate to ask for more information if required.


Mick

 

[CSFLW]

Have you tried mediation?

 

[MikeC]

Have you tried mediation?

Hello and thank you for your reply.
I have suggested mediation a number of times but she will not entertain the idea.She has post natal depression so it is awfully hard to get her to look at things in a rational way.

 

[CSFLW]

Book in a mediation as soon as possible.

Worst case, she won't turn up.

Then you will have other options.

 

[MikeC]

What are the options available to me if she doesn't turn up?.I really want to have this planned out as best I can so as to avoid delays.
For the record,I am not trying to stuff her over,I just want what is best for my son.

 

[CSFLW]

If mediation fails you will need to consider litigation.

 

[Shanahan Law]

.Hi Mike. Respectfully, CDFLW is correct. You can contact Relationships Australia (ph: 1300 364 277) who will then contact your ex to invite her to a mediation session with you, your ex and one of their family dispute resolution practitioners. If she changes her current position and agrees to attend and you guys manage to reach an agreement as to the care arrangements, a parenting plan recording your agreement will be drawn up by Relationships Australia. If she refuses to attend, Relationships Australia will issue what is known as a section 60I certificate, which can then be used to commence litigation. You cannot ordinarily commence litigation without a section 60I certificate. Hope that helps.

 

[MikeC]

.Hi Mike. Respectfully, CDFLW is correct. You can contact Relationships Australia (ph: 1300 364 277) who will then contact your ex to invite her to a mediation session with you, your ex and one of their family dispute resolution practitioners. If she changes her current position and agrees to attend and you guys manage to reach an agreement as to the care arrangements, a parenting plan recording your agreement will be drawn up by Relationships Australia. If she refuses to attend, Relationships Australia will issue what is known as a section 60I certificate, which can then be used to commence litigation. You cannot ordinarily commence litigation without a section 60I certificate. Hope that helps.

Thank you for your reply.
Does mediation cost,if so how much are we talking per session?.Let's say that my ex doesn't show up and I am issued with the 60l,what is my next step in regards to litigation?.Sorry for all the questions,I am really at a loss as what needs to be done.

 

[Rod]

Different mediators charge different amounts. Call RA as your starting point. You can also google for Family Law mediators in your area (eg some lawyers are also mediators). For Family Law purposes they must be accredited and registered with the Federal Attorney General’s department so they can issue the 60I certificate.

 

[Migz]

Heres how it works;
1. Contact Relationships Australia in your township or nearest town.
2.Tell them you would like to carry out Mediation in the hope of working out a "Parenting Plan" with your ex. Hand over all of their details as well.
3. Carry out mediation and make sure you are issued with a Certificate 60i. Even if mediation fails, get this certificate issued to you.
4. Even if you were or weren't successful in carrying out mediation...next step is Federal Circuit Court to turn the parenting plan into court orders.
5. Go to the federal Circuit Court website, download an "Initiating application ( family law ) " fill it in.
6. Prepare your Affidavit, your Annexures, and your "Notice of Risk". I would advise you see a family lawyer at this point for an hour or two just to get some help. Cost $200 to $600
7. Get it signed by a JP.
8. File it with the Federal Circuit Court you can do this online as well it will cost a few hundred dollars. But cheaper than a Barrister.
9. When the documents are stamped by the Federal Circuit Court and you are given your court date. Then print them all out.
10. You have to "serve" them on your ex. You will have to use an outside firm to do this you cannot do it yourself. Approx $150
11. Wait for your court date
Hope this helps and keeps the costs down


Good Luck with getting 50/50 in this backwards state. Only if the mother agrees will you be granted it...your a man, and in Queensland men can't look after children... this is what the Federal Court judges think anyway...

If no orders are currently in place then take the child with you and refuse to hand em back until court orders are in place...it's risky but can be done a large Italian family in Melbourne carried it out successfully until the mother agreed to 50/50...problem solved