Siblings living apart - 1 child with each parent in different AUS states

[Wombat85]

Just need advice.

The mother has had primary care of the children (Two girls) since birth to present (Child 1 - 14yrs) (Child 2 - 13 years). Never been to family court. History of emotional and psychological abuse towards mother, coercive control, threats of violence. A year ago, the girls wanted to move interstate to live with their father. Parents agreed that it would be a trial situation for 1 year. Girls began living there. During the year there was a lack of parental supervision, father having inappropriate conversations with the girls about his sex life, father telling girls to keep secrets from the mother etc. Recently, child 2 experienced family violence when her father kicked her out and had to fly back home to her mother. Child 2 is now residing with mother and Child 1 is with mum currently on holidays. Father is suggesting that the girls continue living apart and only have contact with each respective parent for 28 days a year. Mother believes both children should live with her and have contact during holidays with the father. Taking into consideration the best interests of the children and for the siblings to reside together. How much is that a consideration in Family Court? Does anyone have any experience of a situation like this?

 

[CSFLW]

Hi Wombat

The short answer is that is is not appropriate to give advice about what the Family Court, may, or may not consider when assessing the issue of the residence of the children.

If, as you say, there are issues of family violence and the impact of the father’s actions on the children need to be addressed, this can be done by engaging an expert child psychologist to provide a report.

There are numerous child psychologists that can give the parents recommendations in regard to the issues of residence if they are properly engaged pursuant to the Family Law Rules.

Given the age of the children, and I am only assuming, they would probably be mature enough to express their views to the psychologist.

This is a far better process than using the Family Court as a medium to resolve the dispute.

In any case if the matter was to proceed to Court, the Court would most likely make an order that a psychologist would be engaged to provide a recommendation regarding the issues.

I hope this helps.