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NSW Separation - Will Family Court Take Child's Wishes into Account?

Discussion in 'Family Law Forum' started by concerned mum, 17 December 2015.

  1. concerned mum

    concerned mum Member

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    Hi

    My ex-husband has moved to QLD following our separation on 1st June 2014. He currently has an AVO and a breach of AVO against him for assaulting our, at the time, 14-year-old son. He also had a further AVO against him in Jan 2014 for assaulting me.

    We left the family home due to his drinking and violence. He has not had anything to do with kids since we left the home on 10/7/2014. However, during our recent property settlement family court hearing, he has indicated that he wants to have contact with the children. The problem here is that the children do not want contact with him. I have never stopped the kids having contact, however, they have chosen not to have contact.

    Up until the property settlement he has not attempted to communicate or see the kids. The eldest child (16) suffers from depression due to the abuse he suffered and the youngest child (13) is scared stiff of him and is also seeing a psychologist for his issues.

    My ex-husband is now applying to the family court for the youngest child (13) to fly to QLD every school holidays as well as 2 weekends a month. This child is expected to fly to Brisbane airport, then board another plane and continue onto Harvey Bay by himself! My child is now suffering anxiety over the prospect of this happening.

    My question is, what is the likelihood of this being accepted by a judge? And will the family court take my child's wishes into account about not seeing his father? There is no way I would be able to force him onto a plane by himself to go stay with someone who he is scared of and does not wish to have contact with.
     
  2. Anubis

    Anubis Well-Known Member

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    Been a while since he saw him and he left under a cloud.

    Would need time to re-introduce kids and yes at their ages their wishes would have more weight. The court will be reluctant to make orders for your eldest child who will likely be 18 by the time this pans out.

    Get good legal advice. Get the kids into some counselling if they have not had it. Keep a diary of all contact made by the father. Keep an open mind as to whether he has been rehabilitated...there is generally hope..

    Did I mention to get good legal advice?
     
  3. concerned mum

    concerned mum Member

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    Thank you for your help, it is much appreciated. I do have a solicitor, however, I will not be able to afford the ongoing legal costs to peruse this through the courts. My ex-husband has the funds to pay for good legal representation, which I do not.
     

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