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

Discussion in 'Family Law Forum' started by Hpflstpmum, 2 October 2015.

  1. Hpflstpmum

    Hpflstpmum Well-Known Member

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    Just the once from 24/6 to 3/7. Next visit was meant to be 16/9 to 25/9. I'm just not sure what to expect from the first court date.
     
  2. Colambo

    Colambo Active Member

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  3. AllForHer

    AllForHer Well-Known Member

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    Well, as always, the first step is to organise mediation with the mother to try and negotiate an agreement, or otherwise, to get the s 60I certificate to file for parenting orders through the Court.

    I am a bit confused though, did she send the child overseas?
     
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  4. Colambo

    Colambo Active Member

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    HiAllForHer.

    Thank you.. i have been trying to find a solution to this on going dilemma but considering there is an undertaking involved wich the "assumed" defendant must comply to and which he has been. He is not in contact with the mother. Her last statement via txt was " My family are ................ (parents included) if you want to see your son pay X amount of dollars.. and you wont see him through me. DONT CONTACT ME AGAIN"... ( father following her statement and knowing her capabilities to twist actul events and use them to persecute the him) he complied. She has done the same before and reported him to police,. The child has been Sent overseas. The father was lured in by her for the second time only so she could coerce him into Signing documents for passports and consent to travel. There was an agreement that her family would ensure that i be contacted and notified daily as agreed. But under no circumstances was that ever followed through with thier family overseas.. So the son nearly 2 has since started to call her family member daddy, all the while im witnessing this, she lied to her mother saying we were not together all the while we were living together in the same house. He told the mother that, you can easily teach the baby to learn how to call him Uncle but she had no plans in regarda to that. I sincerely believe that her main reason for the fraudulent relationship with the father of the child was a mere ploy to obtain residential status here in Australia.. There are other evidence to show that. So yes thier son is overseas and recently she has asked for the father to fill an affidavit to register his birth, Father was not convinced that it was her real intentions as the paperwork she sent me was totally different from the actual affidavit form of the Country. She pushed for days for the forms using the son and her story regarding registration of birth to try and coerce the father to comply, then later turned around and stated it will be his fault if the child changes names.. But clear evidence shows that under no circumstance did he agree to such allegations.

    She is also trying to extort am X the X amount of money stating he should pay The X amount to maybe see his son as evidence show it only states that She Will Talk About Him and henceforth.

    I dont know what his position is now, and many time his family here has tried to have time with the child but debied access by the mother. (Tactics to manipulate the father to do what she says)

    The father believes that he was targeted from the beginning and that he has sufficient evidence to prove that there are other people within the same network that are involved..

    But thats for the other Authorities and. Government bodies to investigate..Which will in turn prove the truth and help with his case..

    Sorry for the extra details.. :)
    So yes in the end She sent him there and don't have think have any plans to return him, knowing that the country is not a member of the Haige Convention..

    Thank you AllForHer.. Hopeful that this is indeed the right path.
     
  5. AllForHer

    AllForHer Well-Known Member

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    Okay, so the biggest challenge here is that the child is overseas in a non-Hague country, which basically means that unless dad moves there, too, and pursues the matter under their jurisdiction, his options from Australia are zero. Even if he was coerced into signing the passports (which doesn't sound like the case here), it's a non-Hague country - Australian orders can't compel the child to be returned to Australian soil anyway.

    Regrettable, definitely, but other than suggesting speaking to a lawyer, I really have nothing else to offer until the child is returned to Australia.
     
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  6. Colambo

    Colambo Active Member

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    @AllForHer .

    I somehow knew that you were going to say that. Thats ok. He'll do what he can here because even moving there and persuing the matter on their terms and their law is a battle already lost. Its Happensd before and it will happen again. The Law over there is easily baught.

    Until now still no contact with his mother and just waiting to see if she had a change of heart. Father being doubtful, he has taken the necessary steps to ensure the right Governing bodies and Agencies are aware of the fraudulent activities that they are committing.

    Thank you kindly for your advice.. I will ensure it is passes on.
    If anything should arise then be sure to hear from me again..

    Many thanks AllForHer.
     
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