NSW Sporadic Access to Children After Separation - Chances Under Family Court?

[Mylife]

My husband has an initiating application for interim & final orders with a family court date for early next year. Since separation with his ex-wife, time with the children has been sporadic at best. (Not his choice).

In his application, he is asking for one weekend (every 3 weeks, coinciding with his work roster) and half school holidays. The children live interstate and at this stage, have no problem with the travel. (Just over an hour flight). The children are more than happy to spend time with their father in our home.

Are there any reasons that what's being asked for wouldn't be granted? I understand it's all about what's best for the children. However, other than the travel, which isn't as much as some children do, I can't see any negatives. Possibly as they get older and want to socialise with friends that may change. But for the foreseeable future, I see only benefits.

So, is there reasons why this may not happen that we aren't seeing? The other parent is strongly against it, but not for reasons directly relating to the children.

 

[sammy01]

Nope, I don't see any reason for a magistrate to knock you back based on the info provided. My concern is what will you do once you've purchased the air fares, but she doesn't put the kids on the plane?

 

[Mylife]

Nope, I don't see any reason for a magistrate to knock you back based on the info provided. My concern is what will you do once you've purchased the air fares, but she doesn't put the kids on the plane?

I guess that's a chance we have to take? We have said we will provide her with travel arrangements 30 days prior to travel and requested she do the same. We pay and book for travel to us, she pay the return trip.

 

[Anubis]

Impossible to say here...in theory, no, but there are any number of variables in play that make it impossible to give a clear indication. It certainly seems a reasonable thing to ask on the face of it.

Are there allegations of violence or drug use?
Are there any mental health issues in play?
Is someone a risk to the kids?
How old are the kids and what are their views?
Are there any problematic grandparents making things worse?

I know it sounds awful but clearly there are issues or they would not need the Court. It might be as simple as the other party being vile and playing games, but there are also things that the Court might need to investigate.

Best thing is to not second guess your husband's lawyer. By all means seek a second opinion based on detailed setting out of circumstances but not generalisations.

 

[Mylife]

T

Impossible to say here...in theory, no, but there are any number of variables in play that make it impossible to give a clear indication. It certainly seems a reasonable thing to ask on the face of it.

Are there allegations of violence or drug use?
Are there any mental health issues in play?
Is someone a risk to the kids?
How old are the kids and what are their views?
Are there any problematic grandparents making things worse?

I know it sounds awful but clearly there are issues or they would not need the Court. It might be as simple as the other party being vile and playing games, but there are also things that the Court might need to investigate.

Best thing is to not second guess your husband's lawyer. By all means seek a second opinion based on detailed setting out of circumstances but not generalisations.

Thanks Anubis.

No abuse, violence, mental health issues at all. No risk to the children whatsoever.
As I said earlier, honestly this is all about one parent maintaining control and being in receipt of the maximum amount of child support. So far, there has no been one single valid reason for not allowing the children to visit on a regular basis.

 

[Anubis]

Often is. Tell him to watch out for low flying AVO's

He must keep a diary and use "actual words"

 

[Mylife]

He has raised that. In fact, he has said he wouldn't be surprised if that's what happens next if things don't go her way. But, considering she lives in another state, and correspondence is only via email (now via solicitor) wouldn't that make it almost impossible for her to get an AVO?

He will see her just after Christmas to pick the children up, however this will be in a public place. Should he take someone along as a "witness"?

 

[Anubis]

I would always have someone along.

 

[Mylife]

I would always have someone along.

Thank you!