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WA Taking Ex to Family Court - What to Do Under Family Law?

Discussion in 'Family Law Forum' started by Kaiden, 7 January 2016.

  1. Kaiden

    Kaiden Member

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    I am after information with regards to my rights and my children's rights under Family Law to communicate and visit my two kids who live in a different state. My ex-wife has made all the decisions as to when I can talk and see them for the last 5 years. In the last 2 years, I was able to see them twice a year for a couple days each time and I was happy to see them at all but just recently she has cut off all communication and says I need to take her to family court to see them.

    I didn't take her to court previously because I felt guilty that I had to leave for work and I felt threatened and scared that I could lose them forever, but now I have seen the effects on my children. Despite their requests to see and talk to me more, their mother still refuses.

    When my son gets ahold of me using his friend's or relative's phone, he says his mum blocks my phone calls and says upsetting things about me but most importantly he asks why am I not calling. It breaks my heart to think my kids have no idea how many times I've tried to call and visit.

    I am no longer afraid to go to family court because I'm not doing it for me, I'm doing it for my kids' right to spend time and talk to their dad.

    Please help!
     
  2. sammy01

    sammy01 Well-Known Member

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    Is there any chance you could move back closer to the kids?

    There is a good book called 'Breaking Up'. It is written by a family law barrister. It is a how-to guide to self-representing through court... You can probably borrow it from the local library.

    You should try and contact her via email requesting she provide the kids with reasonable access. It won't work but it will be on file. You can also contact Relationships Australia to organise mediation. Again, it probably won't work but it is the first step towards applying to court.

    The other option is to hire a solicitor to write to her. That will cost maybe $1500 just to get a letter sent to her with a proposal.

    How old are the kids?

    What sort of access would you like?
     
  3. Kaiden

    Kaiden Member

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    There are no work opportunities there for both me and my partner as it is a small country town so I need to be able to afford child support, solicitors, living expenses etc.

    I will try to get her email address and I will contact relationships Australia to start mediation.

    My kids are 7 and 9 and I want to be able to speak to them on the phone once a week and Skype once a month have them for two weeks during one of the first 3 school holidays and every second Christmas and New Years
     

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