NSW Kids not going to school 100+ whole days 40+ partial

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RAM7778

Well-Known Member
28 October 2020
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Hi guys,
I need your help, we just got the attendance records from the kids school, each of them have had 100+ whole days absent and 40+ days partial.

We aren't at the court stage yet, is this enough to bypass the mediation thing? Or do we simply have to wait and use it as part of our case?
 

Rosscoe

Well-Known Member
21 October 2020
68
4
199
Gosh - that is shocking to say the least! Unfortunately, on the face of it I would say it might be difficult to bypass mediation. Not sure what others may think on this forum. My understanding is that bypassing mediation is reserved for extreme DV cases. It may be a good idea to have a discussion with a solicitor regarding this.

Given the neglect these children are currently experiencing I would be seriously considering the parental responsibility orders you will be seeking. i.e. the kids are at risk in the care of their mother and it may be best for you to have sole parental responsibility?

In the meantime try and ensure you arrange for mediation, obtain a 60i if necessary and apply for interim orders on an urgent basis with a notice of risk detailing the fact the children have been out for school so much. This should also be detailed in your affidavit with the relevant evidence provided by the school.
 

sammy01

Well-Known Member
27 September 2015
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654
2,894
Or to put it another way... They attended school for 60 full days out of about 200. Covid isn't gonna justify that. Kids had 3-40 days off due to covid.
What are you hoping to achieve with this information? have parenting changed so you become primary carer?

Nope not enough to justify skipping mediation.
 

Atticus

Well-Known Member
6 February 2019
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2,394
we just got the attendance records from the kids school, each of them have had 100+ whole days absent and 40+ days partial.
Have you spoken to teachers about this?

Basically, if they consider it is an unwarranted amount of absence (taking COVID into account) & are willing to accept that there may be educational neglect taking place on the part of mum, then you will be in a better position to escalate it on that basis. Educational neglect if serious enough amounts to abuse under the definition contained in the act.... You could try to get a S60I exemption on that basis. Need to file the new format NOR that came into affect on 30/10/20.
 

RAM7778

Well-Known Member
28 October 2020
31
0
121
Gosh - that is shocking to say the least! Unfortunately, on the face of it I would say it might be difficult to bypass mediation. Not sure what others may think on this forum. My understanding is that bypassing mediation is reserved for extreme DV cases. It may be a good idea to have a discussion with a solicitor regarding this.

Given the neglect these children are currently experiencing I would be seriously considering the parental responsibility orders you will be seeking. i.e. the kids are at risk in the care of their mother and it may be best for you to have sole parental responsibility?

In the meantime try and ensure you arrange for mediation, obtain a 60i if necessary and apply for interim orders on an urgent basis with a notice of risk detailing the fact the children have been out for school so much. This should also be detailed in your affidavit with the relevant evidence provided by the school.
Yes mother is due to have her appointment with Relationships Australia on the 30th.

After receiving the information yes we will be considering full parental responsibility. We have requested the last 3 years of attendance along with the reasons provided by the mother of their absences. Which we will be sure to include in the affidavit as evidence. Thank you so much.
 

RAM7778

Well-Known Member
28 October 2020
31
0
121
Or to put it another way... They attended school for 60 full days out of about 200. Covid isn't gonna justify that. Kids had 3-40 days off due to covid.
What are you hoping to achieve with this information? have parenting changed so you become primary carer?

Nope not enough to justify skipping mediation.
Damn Sammy you always seem to rain on my parade. Yes with this evidence and some more we have recently obtained we would like to become primary carer.
 

RAM7778

Well-Known Member
28 October 2020
31
0
121
Have you spoken to teachers about this?

Basically, if they consider it is an unwarranted amount of absence (taking COVID into account) & are willing to accept that there may be educational neglect taking place on the part of mum, then you will be in a better position to escalate it on that basis. Educational neglect if serious enough amounts to abuse under the definition contained in the act.... You could try to get a S60I exemption on that basis. Need to file the new format NOR that came into affect on 30/10/20.
We are yet to speak to their individual teachers, we are arranging appointments for next week.

OH there is a new NOR? okay once we speak to the teachers and gain the 3 years worth of records (need comparative data outside of COVID-19) year. If it shows the same alarming results we will seek legal advice to see what we can possibly do quicker.
 

sammy01

Well-Known Member
27 September 2015
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654
2,894
ok so. not to rain on your parade..... If you're looking at having primary carer status changed then the data for the last few years would be good. But my point was even with Covid that is a bucket load of school missed and would contribute towards reversing parenting.
How much time do you spend with the kids right now? The answer to that question is gonna be significant
 

RAM7778

Well-Known Member
28 October 2020
31
0
121
ok so. not to rain on your parade..... If you're looking at having primary carer status changed then the data for the last few years would be good. But my point was even with Covid that is a bucket load of school missed and would contribute towards reversing parenting.
How much time do you spend with the kids right now? The answer to that question is gonna be significant
That’s the problem as well Sammy she does t let anyone see the kids and if they do she has to be present. She only lets dad see them 3 hours every second weekend. Grandparents can’t even spend time with them alone.
changing parental responsibilities will be tough because of the limited amount of time she lets dad see them.