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QLD Kids Not Taken to School - Spend Day at Gym Creche?

Discussion in 'Family Law Forum' started by Jo Bugnati, 9 August 2014.

  1. Jo Bugnati

    Jo Bugnati Member

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    The mother refuses to allow the father access to kids even after family law court has ordered it, she won't cooperate in handing kids over on ordered days. Going to court in coming months for final decision on custody of children. Ongoing attendance issues at school with mother taking kids to school late or not at all. Now we discover the mother has been at the gym on some of these days.

    What right does the father have to the gym creche sign in sheet to prove his kids were there and not at school?
    If he has no right can the record be subpoenaed or RTI request instead?
     
  2. AllForHer

    AllForHer Well-Known Member

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    First, you don't have any rights as a father under the Family Law Act 1975 - only the kids do. They have a right to know, spend time with and be cared for by both parents. Mum isn't upholding her responsibility to enable her kids to enjoy that right.

    Now, on the subject of school, this is a very, very important part of your case, because your kids also have a right to education. You will have a better time getting absentee reports from the kids' school than talking to the gym, which, if you have shared parental responsibility, you will automatically have access to, anyway, so no need to subpoena. Contact their school for more information.

    Hope this helps.
     
  3. Jo Bugnati

    Jo Bugnati Member

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    We have school records, 50 + days absent last year and over 30 already this year BTW. We are trying to prove mother is lying to school by saying kids are too sick to be at school then putting them in creche while she goes to the gym.
     
  4. AllForHer

    AllForHer Well-Known Member

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    You may be able to, but the gym doesn't have to release that information without a subpoena. RTI won't apply in this case.

    30 days of missed school probably won't require proof that she is lying - that is a substantial amount of school to miss considering we are only in early August. If they were so sick that they needed to miss a collective month of school, then surely, she will have taken them to the doctor to get such issues checked, right? Medical records are yours to access, so talk to their GP.
     
  5. Jo Bugnati

    Jo Bugnati Member

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    Already checked that too. She believes in alternate therapies so they have been to a natropath once, not even immunised :(
     
  6. AllForHer

    AllForHer Well-Known Member

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    I would perhaps address that as well. Medical treatments are a major long-term decision affecting the kids, which you have a say in so long as you have shared parental responsibility.

    In my mind, your case is already quite strong, but you need to show that the mother is not acting in the child's best interests and that you are more equipped to ensure their needs are met. In the eyes of the court, putting the kids into a gym crèche isn't a bad thing. Leaving them at home while she goes to the gym - that's bad. It's the absence from school that's also the bad element.

    I see what you're attempting to show the court with the gym crèche, but try and keep perspective and focus on the kids best interests. Obviously, I don't know the details of your case, but I think it's strong without needing that level of detail. :)
     

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