Hi,
I'm trying to find out as much as possible about our options and likelihood of success, and am seeking advice.
Mother left Father Feb 2017 with 4yo daughter from QLD, home since daughters birth. Both agreed she takes daughter down to NSW for one week to see her extended family and consider the marriage, on arrival she blocks all contact for 3 months and then returns to QLD to file and withdraw financial abuse claims. 1st private mediation offered by Father is denied by Mother.
June 2017 Mother compelled by Fathers lawyers to enable contact between daughter and Father pending 2nd offer of mediation. Mother allows one weekend a month, cancels twice. Father not told where daughter is in day care 5 days a week, denied requests to care for daughter instead of daycare. Father and Mother organise Relationships australia mediation for November by the time Mother actually complies. Nov 2017 Mother calls Father saying she has taken daughter back to NSW 2 days earlier and while doesn't plan to live there, has packed all her things and will allow Father to fly down one weekend every six weeks to see daughter. Has abandoned mediation and Father eventually issued 60i. Father says to return immediately, Mother blocks contact that day and over Christmas. When prompted by lawyers Mother offers 6 hrs supervised by her Christmas Eve, then fails to respond to further negotiation.
Father advised by lawyer not to file for recovery as Mother denies moving, will claim it as a visit. He files custody orders in QLD the next day, on notification Mother files her own in NSW and gets an earlier date. Feb 2018 interim orders in place, without prejudice, and contact re established of one weekend a month in QLD and one weekend a month in NSW.
Father continues to want daughter returned to QLD and 50/50 week on week off. Daughter has now been in NSW 9 months, but Mother has taken her back and forth from QLD over the last 18 months. They shared care in marriage equally, Mother only gets to claim primary carer because she took off with the daughter straight off, and had made bizarre false claims about shoving and credit card fraud in her original affidavit, ignored by Father. Mother suffered several depressive conditions, is not a danger and Father wants both parents equally involved. Mother asking for full custody, increase in CS and Father visitation one weekend every six weeks, changing to only during holidays once school starts.
Court mandated mediation (3rd mediation attempt) took place in May, less than 10mins as Mother refuses to return or negotiate anything less than full or sole custody. Court ordered Dispute Resolution scheduled in a few weeks.
Is the judge likely to make an order after a 3rd failed mediation? What are likely outcomes if failed resolution occurs? Trial seems to be the only way to compel Mother to reasonable terms at this point.
Also, can Father seek to modify current interim orders to address holidays as there are no provisions in there currently and this could go on a while. Any advice appreciated.
I'm trying to find out as much as possible about our options and likelihood of success, and am seeking advice.
Mother left Father Feb 2017 with 4yo daughter from QLD, home since daughters birth. Both agreed she takes daughter down to NSW for one week to see her extended family and consider the marriage, on arrival she blocks all contact for 3 months and then returns to QLD to file and withdraw financial abuse claims. 1st private mediation offered by Father is denied by Mother.
June 2017 Mother compelled by Fathers lawyers to enable contact between daughter and Father pending 2nd offer of mediation. Mother allows one weekend a month, cancels twice. Father not told where daughter is in day care 5 days a week, denied requests to care for daughter instead of daycare. Father and Mother organise Relationships australia mediation for November by the time Mother actually complies. Nov 2017 Mother calls Father saying she has taken daughter back to NSW 2 days earlier and while doesn't plan to live there, has packed all her things and will allow Father to fly down one weekend every six weeks to see daughter. Has abandoned mediation and Father eventually issued 60i. Father says to return immediately, Mother blocks contact that day and over Christmas. When prompted by lawyers Mother offers 6 hrs supervised by her Christmas Eve, then fails to respond to further negotiation.
Father advised by lawyer not to file for recovery as Mother denies moving, will claim it as a visit. He files custody orders in QLD the next day, on notification Mother files her own in NSW and gets an earlier date. Feb 2018 interim orders in place, without prejudice, and contact re established of one weekend a month in QLD and one weekend a month in NSW.
Father continues to want daughter returned to QLD and 50/50 week on week off. Daughter has now been in NSW 9 months, but Mother has taken her back and forth from QLD over the last 18 months. They shared care in marriage equally, Mother only gets to claim primary carer because she took off with the daughter straight off, and had made bizarre false claims about shoving and credit card fraud in her original affidavit, ignored by Father. Mother suffered several depressive conditions, is not a danger and Father wants both parents equally involved. Mother asking for full custody, increase in CS and Father visitation one weekend every six weeks, changing to only during holidays once school starts.
Court mandated mediation (3rd mediation attempt) took place in May, less than 10mins as Mother refuses to return or negotiate anything less than full or sole custody. Court ordered Dispute Resolution scheduled in a few weeks.
Is the judge likely to make an order after a 3rd failed mediation? What are likely outcomes if failed resolution occurs? Trial seems to be the only way to compel Mother to reasonable terms at this point.
Also, can Father seek to modify current interim orders to address holidays as there are no provisions in there currently and this could go on a while. Any advice appreciated.