NSW No contact

[El1234]

What happens to the parent who doesn't contact for long periods of time

 

[sammy01]

Nothing.

 

[El1234]

How does it sit in court

 

[sammy01]

Respectfully - can you give a little bit more detail. Long periods of time? a week? month?
Has a court application been made?
Is the other parent subject to an avo?

So if the other parent hasn't made contact for 3 years and is now applying to court then the judge is going to want to know why 3 years have passed and the answer to that will impact the rationale of the judge. But with the scant info you've provided it is impossible to give any thoughts.

 

[El1234]

So for instance there was no contact for 4 weeks them 6 weeks then 4 weeks again and then 8 weeks and now close to another 8 weeks and the child has not been sighted by this parent in person for 3 months

 

[sammy01]

Is it the parent choosing to not see the kid. Or is the other parent being obstructive? Is there a court application?

 

[El1234]

The other parent not choosing to see kid and the has been a court application made

 

[sammy01]

I'm guessing the other parent has made the court application?
BTW how old is the child?
What is the other parent seeking in their court application?

It doesn't help their cause. See courts will want to know the story. How much time has the kid had with the other parent and why? So a parent seeking 50/50 care when there is an established history of weeks without access by their own choice isn't gonna look good.

 

[El1234]

Yes the other parent has made the application

2 yrs

Wants overnight stay straight away and a full weekend and be able to attend preschool but the other parents mother is pushing him to do this as she likes to control

Also the other parent has lied in the affidavit and I have proof

 

[sammy01]

so dad (presumably) wants 1 night a week now?
And Friday / Saturday nights in a year or so?
And Maybe Friday / Saturday / Sunday in 18 months / 2 years?
And the right to attend preschool?

Gee I hope you're not wasting your money on fighting this... Why not agree. It isn't unreasonable and if dad is unreliable once the ink dries on the orders if he doesn't show up - Big deal.