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NSW Separation from Wife - Reasonable Amount of Contact with Children?

Discussion in 'Family Law Forum' started by DadonaMission, 3 July 2015.

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  1. DadonaMission

    DadonaMission Well-Known Member

    3 July 2015
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    I have a 3 y.o. boy, 4 y.o. girl and 11 y.o. girl.

    I have been very involved in their upbringing and been hands-on. About 2 years ago, I quit my corporate city job to start a local business so I could be nearer to the children and do more with them. My work is flexible in when I need to work.

    I am recently separated ( separation) but the wife has gone straight into family law litigation filing a case in the Federal Circuit Court. She's only offering supervised visitation of 4 hours per fortnight. She is claiming child abuse and family violence which is far from true but that's another story I guess but it does point to the fact she's going to be difficult to deal with. She is claiming she's unable to attend mediation with me. Obviously she wants all her own way.

    My lawyer is suggesting writing a letter to her solicitor requesting reasonable unsupervised contact with the children. What is a reasonable time in order to maintain a strong bond with them?

    Someone also said that we can file a counter claim for an interim hearing requesting the contact we want.

    Thank you.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    For their ages, and if their relationship with you is healthy, I would aim for 5 nights a fortnight, half school holidays and special occasions in the interim (birthdays - usually three to four hours after school; Father's Day - usually the Saturday night before until the following evening; Christmas - usually alternate from year to year with changeover at 3pm-ish), and 50/50 week about in final orders.

    Five nights a fortnight might be best broken down as every second Friday night to Tuesday morning, and then Thursday in the off week. That way, the youngest won't go long periods without seeing his mother, but you'll still be able to be a part of their daily routines, rather than just weekends.

    When the youngest starts school, that's a good time to start 50/50. Changeovers on Fridays are best as they can happen at school so minimises the risk of exposure to conflict at changeovers.

    If you can show the court the parties have at some time been able to communicate and reach agreement about the kids, then there's no reason why such arrangements are not within reach.

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