NSW MEDIATION QUESTIONS.

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Isabeleileen

Member
24 March 2020
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0
1
So I’ll be going to mediation with my ex soon. He is wants to stick to our current agreement of 3 weekends a month. Our son is 3. But he also wants to add when he takes his 4 weeks annual leave a year that he has our son for those 4 weeks (May be separate not 4 in a row) and during those weeks he wants to fly back to SA to visit all his family/friends (that’s where he is from)

I don’t want this to happen, I feel it’s too much time away from me, I have offered to go to SA for 2 weeks with them but he has said no.

will I lose this fight in mediation/court?
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
You don't lose the fight in mediation. No one there will tell you that you MUST do anything. So then dad has to take it to court.
what will happen in court? Hard to say.

My advice - the kid going to SA for 7-10 nights... How much damage can really be caused to a kid in that amount of time? A doctor said something to me once. It was the day my first born was born and i was stressing about being a parent... Dr said "the best things about babies is they're not porcelin dolls.... If you drop a porcelin doll it breaks."

dad is a good dad? Not an ice addict? Works hard? Hmm. I really don't think your kid is gonna need life long counselling because he went to SA with his dad for 7-10 nights... But I've never been to SA. Cant be that bad a place?
 

Tremaine

Well-Known Member
5 February 2019
183
31
514
You don't have to agree to anything at mediation, but let's say it fails and dad does decide to take it to court. We'll assume there's no other circumstances of concern in this case, either, just to keep it all relatively straight forward.

At court, it's pretty standard for each parent to get half of all school holidays with the child, which amounts to about six weeks each in total for the year (one week for each of the short holiday periods, three weeks in the long summer holiday period). Dad only wants four weeks, right? Maybe that's a win worth compromising for at mediation, rather than possibly ending up with six weeks at Court.

It's also courteous for a parent to communicate with the other about where they intend to travel with the kids, but the court doesn't require the other parent to approve travel provided it's within Australian borders. Dad's parenting time with the child is when he makes those kinds of decisions, just as your parenting time with the child is when you get to make the decisions. Provided his travel falls within his time with the child and he's back in time to present the child at changeover, the Court isn't going to be phased by where he's actually travelling to with the child, or how far away that might be from you (again, provided it's within Australian borders).

Yep, it goes against the grain to be away from our kids for longer than a day or two, but the court doesn't see it as the child being away from his parents. He's just going to be with his dad sometimes, and with his mum sometimes, and the absence of one in favour of the other isn't one of those things that the court considers a risk to the child.

Really, kiddo is going to really enjoy the trip to see his extended family. My three-year-old loves flying and spending time with her cousins and grandparents, even if I'm not there. Heck, she's probably more resilient than I am when it comes to being away.