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

[speck1]

We will see - both if we, by miracle, do agree at mediation with a parenting plan write up in next two weeks, it has to get made into consent.

What if she pulls the pin and makes her agreement redundant? Do I have to go to mediation again or can they give me c60 because she wouldn't sign parenting plan as consent?

 

[AllForHer]

Provided you've made a genuine effort to reach agreement - whether agreement was reached or not - you'll receive a s60I certificate. Just make sure the person doing the mediation is qualified to administer one.

 

[speck1]

Thank you,
Last night and the times before, they have only said they will hand out c601 if there is no agreement.

 

[AllForHer]

They grant s60I certificates under a variety of types - that the parties both made a genuine attempt to reach agreement, that one party refused to attend, that the matter was unsuitable for mediation, etc.

You might want to contact the mediator and ask what happens if she refuses to sign consent order though and you're forced to pursue court proceedings.

 

[speck1]

Yes, we don't want her agreeing in the mediation and then not sign the actual parenting plan when made into consent orders...

 

[Hpflstpmum]

Good luck @speck1 !

 

[speck1]

Okay - I might need your help now. Mediation failed after an hour, and I got c601. We agreed on basically everything but she said won't allow my daughter to be there if I am working and my fiancee has to care for her. Even mediator tried to sway her decision.

I got the c60 that says she did make genuine attempt so I have the initiating application filled out with the orders/interim I am seeking, what is next? Affidavit etc.? Just send the form in and wait for hearing date?

Pathetic co-parent she is.

 

[AllForHer]

You have to file your initiating application together with a supporting affidavit of evidence to the Federal a Circuit Court of Australia. You can file with the Family Court, but it'll probably get transferred to the FCCA anyway.

Have you written the affidavit?

 

[speck1]

We are doing it tonight.
Any tips?

 

[Hpflstpmum]

Unfortunately after all this time, my partner's ex has not responded to the consent order in the timeframes we have given her. We even gave her multiple extensions on the request for a response in the hopes she would finally just agree so we could see my partner's daughter, but sadly it was not to be.

She even admitted she isn't eligible for legal aid, so I have no idea why she would leave the situation like this knowing full well our intentions are to go to court.

I think - actually no, I know she thinks - my partner isn't "gutsy" enough to go to court and she will just get away with this, but she's mistaken. It's just a matter of when we can afford to get the proceedings underway.

After out lawyer sent her a letter a month or so ago saying if she didn't respond then they would wait for our instructions to go to court, she basically got scared and texted my partner saying "call me now" and said to him to get his lawyers to "back off" and she'd already been to court for her partner's kids. She even said she wanted their daughter to see my partner (only after him saying he's tired of this all going on too long and he only wants to see her, so it was almost like a knee jerk reaction for her to say that like she knew it would be the right thing to say after seeing what can happen in court). My partner has been completely civil the entire way through all of this as well (via text) and so at least any of the texts she has sent him being less than nice are evidence.

Anyway, it's been over a year now seen we've seen my partner's daughter and we are no closer but at least we know where we stand now and it will have to go through court.

We are going back to Queensland for Christmas to see our families so we will still text his ex and ask if we could see his daughter as we need to try. We don't want to appear as if we've thrown it all in the too hard basket just because his ex says no but we also just are sick of the ramifications of pissing her off.

Now to just somehow get the money together for court next year and hope to God if we ask for an interim order we can speak to her and see her!