NSW Partner's Ex Refusing Visitation until Consent Orders are in Place?

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sammy01

Well-Known Member
27 September 2015
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Yep, I agree. I don't think you've got much to worry about.

Gee, I wish you guys could move closer to the child so you could see her on a weekly basis. And I really hope you'll not be back here anytime soon because mum hasn't facilitated visits.

I do think the 'system' is ok, but some people refuse to play by the rules and the system really ain't all that good at dealing with those sorts of people.
 

Hpflstpmum

Well-Known Member
2 October 2015
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Thank you @AllForHer You're right - if she has agreed, it can't be that concerning (even though the accusations are false anyway).

Thanks also @sammy01 You and me both! We used to live in the same state but had to go where the work was and sadly that meant no longer being in the same state as her. Yes I hope we don't end up back here but based on how difficult the ex is, no doubt there will be contraventions... I just hope we have a chance to establish a good relationship with their daughter again first.
 

sammy01

Well-Known Member
27 September 2015
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Yup, sadly it might be in everyone's best interest to keep as far away from the ex as possible. That is certainly my attitude.
 

Hpflstpmum

Well-Known Member
2 October 2015
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Well tears of relief were flowing this afternoon as I opened the mail to find our consent orders stamped and delivered!

I hope this isn't a sign of things to come as the ex is already not complying by saying until she receives the order in the mail, it's not effective even though the paperwork is stamped the 3rd of May.
 

AllForHer

Well-Known Member
23 July 2014
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She's wrong. It's effective from day of sealing. How are you to know when she receives them?
 

Hpflstpmum

Well-Known Member
2 October 2015
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Exactly @AllForHer

She's even claiming she checked with a lawyer. Honestly, she's just ridiculous. I guess it's time for me to get acquainted with how to complete contraventions.
 

Hpflstpmum

Well-Known Member
2 October 2015
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Luckily, my partner has been able to talk to his daughter on the phone (with some questions in the background from his ex on how long he was going to be on the phone for), and also FaceTime which turned into a Skype call on Sunday because the ex said she didn't have an iPhone (even though she made no mention of it earlier). We're very relieved that we have been able to speak with his daughter.

We're now involved in yet another complication where I'm a little nervous purely because it's out of our control.

The ex has taken their daughter to a women's and children's domestic violence counselling service funded by the government where apparently there was an "intake" and upon assessing their daughter, was told she would need counselling. She has had one session so far. What worries me is that I've no idea how much the ex has drilled into their daughter about the abuse they may or may not have experienced, and based on the type of organization, they won't tell my partner anything.

According to the ex, when my partner asked for details of the counsellor she rang the organization and they requested a copy of the consent order, so they'll see what accusations she's made against my partner regarding domestic violence and what their daughter has been exposed to.

So I worry that she now is playing the victim and will perhaps withhold their daughter on the basis that for some reason they won't disclose, it's in the best interests of their daughter. Then we'll have to go back to court to see her.

The only thing I can think of that's on our side is that she made the decision to take their daughter to this place and get counselling without discussing it with my partner first. The consent orders state that it's equal shared parental responsibility regarding their daughter's health.

Sorry, it's a long one.

Any help?
 

AllForHer

Well-Known Member
23 July 2014
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The Court doesn't like parents who unilaterally make major long-term decisions without consulting with the other parent first, but it's more of a 'persuasive' issue than one that can be picked up with a contravention order - basically, a failure to engage shared parental responsibility will support your case, but it might not warrant a separate contravention application.

My husband's ex-wife enlisted a psychologist for my stepdaughter for 'behavioural issues and anxiety' with no consultation. My husband contacted her solicitor and outlined in very clear terms why he did not consent to the treatment, and on being notified of this information, the psychologist contacted my husband directly because without his consent, the treatment couldn't proceed. My husband decided to attend the appointment with both his ex and his daughter, and it became very clear very quickly that the mother was looking for a report from the psychologist that supported a reversion to the draconian 'every second weekend' regime, or alternatively, that the issues could only be resolved if 'they spent more time together' - as in, my husband and his ex-wife.

The whole process turned into a shambles. My husband attended three appointments: one with his ex-wife, one on his own, and one with me on the psychologist's suggestion after the ex-wife complained at length about me. When I attended, the ex-wife told the psychologist that if I attended any more appointments, she would not be taking my stepdaughter to treatment any further. It became clear to everyone, including the psychologist, just what the intent of this latest charade was. After all, how concerned could the mother really be about these supposed 'issues' if she refused treatment simply because I, the step-mother who cares for this child 50% of the time, was included in the child's treatment regime?

What I'm getting at is that your partner shouldn't exclude himself from this latest scam. To the contrary, he should invest himself with as much finesse as is possible from afar. Contact the counsellor and find out what the story is directly from them. It's unlikely they will provide information about the sessions with the child because trust is a mandatory part of any psychologist's duty to his patient, and informing the parents of any discussions is a breach of that trust, but it's worthwhile providing your contact information and expressing a desire to be involved.

If the mother continues on the path of telling the daughter she was abused when she wasn't, then you have grounds for pursuing court. Really, you should have done that already, but that's just my opinion. :)
 

Hpflstpmum

Well-Known Member
2 October 2015
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Thank you for sharing that with me @AllForHer

My partner has called the organisation and left his details for a callback so we'll see what they say but he will certainly at least be making himself known. Our lawyers have said that if they don't give any information, to try the ex again and if that fails, the lawyers will act on his behalf to request the information from the organisation.

I have a feeling this could go south but we'll just have to wait and see what happens. I'm hoping that nothing bad will come off the sessions.
 

AllForHer

Well-Known Member
23 July 2014
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Try not to worry too much about these sessions. A counsellor is in no position to make a finding about whether or not abuse has occurred, they're only there to try and help the child moving forward - a goal that everyone should realistically have, anyway, abuse immaterial. Even if they were to come up in some future court proceeding, their opinion would be given minimal weight unless they've extensively included both parents in the process. If they've only spoken to mother and daughter, it's going to count for nothing.