QLD Separation - Dealing with Children and Bedrooms?

[sammy01]

Look the system isn't bad. People looking for loopholes does.

So in my case, my ex got a bigger piece of the asset pie because she had a greater need. Lower-income, primary carer of 3 young kids.

In my opinion, if you can get her to sign off on consent orders for the kid first, sweet. That way you're less likely to see her trying to minimise your time to get more $.

 

[RefGuy]

Look the system isn't bad. People looking for loopholes does.
So in my case, my ex got a bigger piece of the asset pie because she had a greater need. Lower income, primary carer of 3 young kids.

My advice, if you can get her to sign off on consent orders for the kid first SWEET. That way you're less likely to see her trying to minimise your time to get more $

Hey, so things have progressed.

She moved out yesterday and sleeping on someone’s couch, left our child with me. I don’t think she has a clue what she’s doing.

Anyway, she said she will be moving into a place where yeah they will be sharing a bed etc tomorrow maybe. She doesn’t even know where he is and just wants to come back and uproot our son.

I guess my question is, can I get some sort of temporary restriction type paperwork?

 

[sammy01]

Nope - nothing happens fast in family law.

For the minute I'd be wanting her to agree to you having majority care until she can get a decent place to live. But it really is hard to enforce anything because without a court order there are no rules.

 

[RefGuy]

So what’s my play right now?

 

[sammy01]

Has mum got a diagnosis?

How do you see this playing out long term?

Does the kid go to pre-school?

Sorry, lots of questions but the answers shape the opinions.

 

[RefGuy]

No diagnosis
No preschool
She has now left our home and left our son with me until she find a permanent place to stay she says.
Not sure what that means legally

 

[sammy01]

It doesn't mean much. She has gone away for a few days/weeks.

Do nothing. The long the kid is in your full-time care and the ex does nothing to change that the better it is for you.

 

[RefGuy]

It doesn't mean much. She has gone away for a few days / weeks.
Do nothing. The long the kid is in your full time care and the ex does nothing to change that the better it is for you.

Thank you very much. Mediation starts tuesday. I think that will be good. Then get a court order. Because I know once we have done that she will.

Not stick to it still.

 

[RefGuy]

Look the system isn't bad. People looking for loopholes does.
So in my case, my ex got a bigger piece of the asset pie because she had a greater need. Lower income, primary carer of 3 young kids.

My advice, if you can get her to sign off on consent orders for the kid first SWEET. That way you're less likely to see her trying to minimise your time to get more $

Hey,

So I had my first mediation last week and hers is in a few weeks. Our child has been with me the whole time. She rarely makes an effort and it’s usually only for a few hours.

Out son is quote content right now.

The only time I really hear from her is when she calls to say or threaten to take him away.

Which brings me to another question. Is there some sort of temporary thing I can do to prevent this while we are going through mediation and until I profess to court orders afterwards. Like an intermediate thing?

Can I stop her from running off with him?

 

[sammy01]

Nope - So this is where it all gets very messy... See the courts consider themselves more important than anything else. So breach a court order and the magistrate will castrate you... Take a kid away for three months and refuse to let the kid see dad... No big deal.

So what to do? Refuse access? Hmm, not a fan of that one.

So right now based on the information provided you've got no security in the eyes of the law.

Your best bet is to do nothing. The longer the kid is in your care the better.

Plan B - if you're on speaking terms and have some semblance of understanding of what she wants you can do DIY consent orders... Offer her consent orders at your expense and once they're lodged in the courts then you have some security...