Hi Everyone
I have been doing some research on this forum and around the internet, but cannot seem to find any similar previous cases or info on my situation and was wondering if anyone here could either point me in the right direction or give some advice.
Background - Ex and I separated 9 years. Consent orders previously made 8 years ago where Ex had our daughter 5pm Friday - 9am Monday every fortnight.
The first 4 years of the consent orders saw our daughter often left at childcare or school as he just refused to have her that weekend or bring her back half way through the visit as either he was unwell or she was unwell. This has gone on for years and contact has been erratic.mediation always unsuccessful with mediator stating "you cannot make a parent have a child but you have to always make that child available to a parent" - very frustrating!
4 years ago he moved interstate with a new partner. he did not move for a job and he has no family there, so there was no "compelling" reason for him to move.
3 years ago out of the blue i received contact from FRA again about attending mediation (which i did willingly).
His request was to speak with our daughter on phone and perhaps see her one day when he was back in the state.(again i encouraged the calls which were erratic and sometimes non existent for weeks)
Fast forward to present day where I have just completed mediation number 3 with no resolution.
My ex has not seen or made any real attempts at a relationship and now because i didn't agree for her to fly to his location unaccompanied he has engaged legal aid and is taking me to court.
He is also refusing to now sign her passport despite having signed it x 2 before whilst separated.
So my questions -
**Will ex have difficulty getting original consent orders changed even though he was the one who moved away for no reason.
**I was told by the mediator i cannot bring up passport issues in mediation however since reading this forum it appears i could have. A section 60I has already been issued. Can i apply in the state i live in to have another mediation on this or do i have to wait 12 months?
** is it difficult to represent yourself and file responses to affidavits etc. I have absolutely no financial resources to engage a lawyer and am not entitled to legal aid so will either have to attempt to do this myself or just agree to whatever he wants.
Thanks in advance for any advice.
I have been doing some research on this forum and around the internet, but cannot seem to find any similar previous cases or info on my situation and was wondering if anyone here could either point me in the right direction or give some advice.
Background - Ex and I separated 9 years. Consent orders previously made 8 years ago where Ex had our daughter 5pm Friday - 9am Monday every fortnight.
The first 4 years of the consent orders saw our daughter often left at childcare or school as he just refused to have her that weekend or bring her back half way through the visit as either he was unwell or she was unwell. This has gone on for years and contact has been erratic.mediation always unsuccessful with mediator stating "you cannot make a parent have a child but you have to always make that child available to a parent" - very frustrating!
4 years ago he moved interstate with a new partner. he did not move for a job and he has no family there, so there was no "compelling" reason for him to move.
3 years ago out of the blue i received contact from FRA again about attending mediation (which i did willingly).
His request was to speak with our daughter on phone and perhaps see her one day when he was back in the state.(again i encouraged the calls which were erratic and sometimes non existent for weeks)
Fast forward to present day where I have just completed mediation number 3 with no resolution.
My ex has not seen or made any real attempts at a relationship and now because i didn't agree for her to fly to his location unaccompanied he has engaged legal aid and is taking me to court.
He is also refusing to now sign her passport despite having signed it x 2 before whilst separated.
So my questions -
**Will ex have difficulty getting original consent orders changed even though he was the one who moved away for no reason.
**I was told by the mediator i cannot bring up passport issues in mediation however since reading this forum it appears i could have. A section 60I has already been issued. Can i apply in the state i live in to have another mediation on this or do i have to wait 12 months?
** is it difficult to represent yourself and file responses to affidavits etc. I have absolutely no financial resources to engage a lawyer and am not entitled to legal aid so will either have to attempt to do this myself or just agree to whatever he wants.
Thanks in advance for any advice.