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

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Atticus

Well-Known Member
6 February 2019
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294
2,394
He has always tried to change it and increase time and stay out of court so the kids don’t have to go through being subjected to ICL or family report process.
This could be a problem ^^^

It's become fairly clear just on the information you have provided that mum has some kind of an issue with being separated from these kids... Chances are there is some kind of mental health issue (again based only on what you have written)... If that is the case, then just be aware that while you may be successful in getting interim orders that allow for a great deal more than the current 3 hours a FN of visits with mum present, in the absence of any agreement or leading toward a contested hearing, it's very likley that a family consultant will be required to file a report..

Dad has an excellent chance of getting a good amount of extra contact time via court, but he needs to be totally on board with all this & believe that the end result will justify the process... It's admirable that you are laying the groundwork, but having a new partner heavily involved in the process can cause friction & road blocks with the ex at the best of times ..... if he is not totally on board, it may even cause friction in your own relationship. Just a point worth you considering.
 

RAM7778

Well-Known Member
28 October 2020
31
0
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Unfortunately not we have 50/50 shared care of my 2 boys. 12 & 15. 15 year old has a job also and hubby and I both work full time. Mum has never worked so it would be far more visible if mum moves. Mum has no family around her she has isolated herself from all her family. She moved to where she is now as she has a sister there but they have not spoken for about 2 years now.
we would be happy to have 50/50 if she moved closer but we would ask for sole parental responsibility for health care and education.
Well I do actually have a case where father was ordered to move from Wollongong. Dad wanted full time but couldn’t get it past due to no risks. Mother was happy to do 50/50 she worked and dad didn’t so dad was ordered to move by a certain date so 50/50 care could come into effect before the schooling year.
ok so is seeking primary care achievable in your world? Getting mum to move closer to you guys? NOPE, no court is gonna order that. NO CHANCE

Look it is a stretch. Changing parenting tends to be a big deal. I don't like my advice sometimes. But just missing school (lots) isn't gonna cut it, getting the kids to deliver drugs around the neighbourhood would be worth a go. But I reckon you give it a shot anyways. Do mediation, watch it fail.... Then apply to court. Maybe mum will cave in. (good). If not you'll get orders for alternate weekends, with mum doing half the travel and half holidays.

Worth a shot.
Please tell me he is paying child support and nothing else - please.
Yes full time care is achievable in our world, since COVID I now work from home full time. Only have to go in the office every now and then.
I agree I think it is worth a shot, we can’t get any less than what we have now.
yes dad pays child support, when we met he used to pay that and a whole lot more. I soon put a stop to that. Lol.
This could be a problem ^^^

It's become fairly clear just on the information you have provided that mum has some kind of an issue with being separated from these kids... Chances are there is some kind of mental health issue (again based only on what you have written)... If that is the case, then just be aware that while you may be successful in getting interim orders that allow for a great deal more than the current 3 hours a FN of visits with mum present, in the absence of any agreement or leading toward a contested hearing, it's very likley that a family consultant will be required to file a report..

Dad has an excellent chance of getting a good amount of extra contact time via court, but he needs to be totally on board with all this & believe that the end result will justify the process... It's admirable that you are laying the groundwork, but having a new partner heavily involved in the process can cause friction & road blocks with the ex at the best of times ..... if he is not totally on board, it may even cause friction in your own relationship. Just a point worth you considering.
Dad is totally onboard he has finally come to terms with the fact that no matter how much he tries and how amicable he wants it to be it’s not going to change unless he forces it to change. I’m in the background helping because dad needs help and reassurance that the courts won’t leave it the way it is. It’s getting his confidence which is great.
as for me the new partner and the ex. I am willing to meet and work with mum for the best interest of the kids. I’m the type of person that will happily go to dinner as a joint family because it is what kids need. They need to see that there is no reason for everyone no to get along, they should never be put in a position where they feel that they have to choose or go into protection mode from one parent.
 

RAM7778

Well-Known Member
28 October 2020
31
0
121
I should mention for 3 years I have stayed out of it. Not my fight and you can’t make someone fight when they aren’t ready. I sat back and dealt with how things were it until dad was ready and had the confidence to make the change. I would never have been able to help him unless he was willing and came to me and asked for the help. What pushed him over the edge was the youngest had his teeth knocked out at school and she didn’t feel the need to tell him until 2 weeks later.
everyone has a breaking point I guess, that was his.
 

sammy01

Well-Known Member
27 September 2015
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I'd like to see the case you mentioned above. Precedent in family law isn't all that important. But can give something of a yardstick... But by the sounds of things the case mentioned the kids were already in 50/50 care? or mum was happy with 50/50. So in that respect that case is nothing like your case...
 

Rosscoe

Well-Known Member
21 October 2020
65
2
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It sounds like the best option is going to be mediation and then applying to court with a 60i (I'd be willing to place money on the fact that a 60i will be issued!)

Courts have changed the living arrangements of children in instances of neglect, having no intention of maintaining relationship with OP with no due cause etc so I would be requesting that in mediation and court if you get there. The court has to consider if the orders you have requested are in the kids best interests. In this instance it certainly seems, objectively speaking, that that is what is in the kids best interests. So... think of logistics, practicalities etc. If kids are ordered to live with you- have you spoken to schools near by etc? Pointless going for primary care of kids and haven't thought of ALL the practicalities involved in this. Include some of this in the affidavit to show that you are thinking of the kids (being child focused). Make sure you have a plan in place and be able to present this to a mediator and court if necessary.

I would not worry about the FRW too much. Also... it seems necessary in this instance? Are you in a position to privately book Family Report Writer? Or maybe you could request this as an outcome from mediation? My thoughts on that are that right now the OP is not going to paint herself in a good light with her behavior. It does sound like she has some issues (mental health) and FRW's are skilled people who will no doubt pick up on this and throw some questions on parenting capacities into the mix no doubt. Getting on the front foot would be important I think. If you can have a Family Report before interim hearing this will aid a judge immensely.