VIC Progression in Time to See Father - Family Law?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Anon_ymous

Well-Known Member
27 July 2018
55
0
196
Seeking any help/perspectives/experiences.

I have posted previously so won't go into lengthy detail on the backstory.

We cannot afford legal advice currently and are looking at getting to a community centre to do so but don't particularly want to go to court. Mediation attended previously (waste of time) certificate issued.

Bio mother and father were acquaintances, no previous or post birth relationship between. Dad stopped seeing the child around 2years age. Had only ever seen his son at her direction and supervision.

Brief communication with mum between then and over a year ago asking to see his son.
Have been sending gifts/cards since the son was around 6/7 (about 3 years) with mum's ok to do so.

Since the start of this year, mum is letting dad see son only at his activities so very brief interaction. They discussed at the beginning that due to work his attendance will be inconsistent (on a rotating roster). She said that is fine, just come to whatever but now is saying dad is inconsistent.

Son asked dad to bring siblings along (hadn't met them previously) and dad did so without asking the mother. Dad assumed that if it was an issue the son wouldn't have asked or would have told his mum. (Note we won't be making any more assumptions. I know stupid of us)

Mum keeps reiterating how encouraging and supportive she is being about dad seeing the son by allowing him to come to all activities knowing that it isn't actually possible for dad to do so and doesn't consider dad's work. Dad is worried about how this inconsistency is being perceived by his son, and how his son is going to build a relationship with him and siblings continuing to do this.

Question time and please remember I'm asking for advice but Also perspectives to on how to get through this:
-Thoughts on bringing the siblings along with given son's age and length of time he had no contact with dad?
-Thoughts on timeframes given the above, on progression in time and types of contact that is appropriate? Keen to hear others experience and how the children coped/coping strategies.
Thinking of attending a class at RA?
-Anyone know of court cases that may be similar to our situation, or can help me find them. Have been looking on austlii but haven't been able to locate (could be my search fields and inexperience).

Noting dad had no contact for a significant period of time. Mum has documentation of dad saying he does not want to see her and did not want to pay her child support on one occasion (though has not never paid her). Just stupidly vented his frustrations.

How detrimental is all this going to be in family court?

Mum has a lawyer who from my research is very experienced in this area of family law and has advised her to put the son into counselling and keep a record of each time dad attends the activities and time he arrives. Mum has invited dad to apply to court if he doesn't like what she's offering and also indicated he would be getting less from the court.

Hence wanting to read up on similar cases.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
How old is the kid?

Look he has limited option. But it is possible to submit a court application without using solicitors.
Until you have a court order you're reliant upon the mum giving access.

Try and make sure dad maintains consistent contact. And don't assume. Ask her, don't give her any reason to be grumpy... Learn to suck it up because she is the boss unless you're prepared to take it to court. BTW I think you should take it to court because it sucks that she can dictate the terms.
 

Anon_ymous

Well-Known Member
27 July 2018
55
0
196
how old is the kid?
Look he has limited option. But it is possible to submit a court application without using solicitors.
Until you have a court order you're reliant upon the mum giving access.

Try and make sure dad maintains consistent contact. And don't assume. Ask her, don't give her any reason to be grumpy... Learn to suck it up because she is the boss unless you're prepared to take it to court. BTW I think you should take it to court because it suxs that she can dictate the terms.
Thanks for your reply sammy.
We had filled in the application for interim and final orders but the affidavit was/is the part that we were most unsure about. Still didn't want to take it to court though but at that point were being completely ignored. I'd like to read over more cases to get a feel for what the trend for 'normal' is in similar circumstances.

Probably sounds stupid but we've been trying to build a genuinely good relationship with mum (trying), only makes it easier on the son (and everyone really!). Court would potentially make things in that regard worse and is costly, we don't really want her to have to fork out the money either.

Dad can't be consistent in terms of same days each week only in that he can come to something each week but let her know what that is. Whereas if she was willing to actually work around his work then potentially he could be spending a set time each week consistently.

Child is 10.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
So if he is FIFO or something similar, police / ambulance. Or a job on a rotating 10 day roster the courts will understand. No doubt dad has access to annual leave.
By the sounds of things you're asking for at most 2-3 over nights a month?

So orders where he have to provide 3 dates 21 days in advance and she chooses one of the dates would be reasonable.
 

Anon_ymous

Well-Known Member
27 July 2018
55
0
196
So if he is FIFO or something similar, police / ambulance. Or a job on a rotating 10 day roster the courts will understand. No doubt dad has access to annual leave.
By the sounds of things you're asking for at most 2-3 over nights a month?

So orders where he have to provide 3 dates 21 days in advance and she chooses one of the dates would be reasonable.

Thanks again. Yes he is on a 24/7 rotating roster with the change being every 7 days on a 3 week cycle.
Dad would be happy with unsupervised time at the minute where its for at least an hour. With a plan for progression in time leading to overnights.
Don't know what's appropriate for a kid his age.. mum seems to think nothing is appropriate.
I would hate to apply to court only to get less than an hour a week and end up with supervised visits at a centre (not that there is any risk at all)
It's normal for kids to have feelings, dad's been away for such a long time. Wouldn't be surprised if his son was angry, and that's normal. Something dad will have to work on. What is concerning is how worried mum is about the kids ability to cope but without discussing why that is.
Don't know if it would be wise or appropriate for dad and the son to do some counselling/ therapy together?
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Go to court. My kids have sleep over's at other people's houses and they are 8-10. A weekend away with dad every month is more than reasonable. As is them having a relationship with step-siblings.
 
  • Like
Reactions: Anon_ymous

Anon_ymous

Well-Known Member
27 July 2018
55
0
196
Just an update..
Things are actually going well and we have avoided making applications to court.

Not where we would like to be but definitely on the path there.

The only thing we would have done differently was make an application to court years ago just to get the ball rolling. We've unfortunately lost years of time with the child but all in all seem to be getting along really well with the BM and have been able to work through difference of opinions when they arise.
Thank you to all who give their time and advice it's been a go to when times have been tough.