Undertaking for visitation - how strong is this document?

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QldFamLawCurious

Active Member
21 May 2018
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0
36
I’m looking for a bit of advice please people!

So the father of my 4 yo child is having our child over the Xmas break, after not seeing the child since February (now 10 months)
.... he’s never really been involved in her life however has had times over the past 4 years that he has had her for a few days at a time. Very sporadic.
We have been for mediation earlier this year and a form 60I was issued to north of us stating that the mediation practitioner did not reccomend any changes to current arrangement (my sole care of child).
If I write out a “Undertaking” for him to have care of our cold over the Xmas break for 7 days, is this a very certain sure solid way to go as to ensure her return to my care. (I’m asking this and wanting to do this as he has attempted to keep our child in his care once before approx 3 years ago). If an “Undertaking” is a definite safe way to go- WHAT could go wrong? ( If Anything )

Thank u in advance ☺️
 

sammy01

Well-Known Member
27 September 2015
4,335
631
2,894
Bits of paper ae good for making paper planes. They are useless against a parent that wants to keep a kid... So I have court orders, signed by a judge. My kids will be off to visit the other parent over summer. The little bits of paper are nice to have BUT they're not going to stop the ex IF the ex chooses to keep the kids. True.

So the kid lives with you. No doubt attends pre-school, has a doctor that you attend with the child. So you can establish the kid lives with you.... GOOD. So if dad were to keep the kid, you'd have to go to court and seek a recovery order, which is exactly what I would have to do and I have court orders...

Solution - It isn't a great one... As long as you have confirmation via a text message / email. Anything that establishes when and where drop off and pick up are to happen then you've got what you need to establish that you never intended for dad to keep the kid.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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926
2,894
Bits of paper only work with people who respect their own promises. In this instances they prevent genuine misunderstandings.

Bits of paper, unless they are orders from a court that are enforceable, are of little to no value for people who will not keep their promises.
 

sammy01

Well-Known Member
27 September 2015
4,335
631
2,894
Rod is right. BUT my point is that no matter whether or not the bits of paper have been stamped by the courts is not all that important.
Scenario 1 - court orders... Dad doesn't return the kid... You have to go to court - the cops, Doc's, Santa, the tooth fairy will not go and get the kid for you. YOU WILL HAVE TO APPLY TO COURT.
Scenario 2 - NO court orders, just an undertaking signed by dad... Dad doesn't return the kid... You have to go to court - the cops, Doc's, Santa, the tooth fairy will not go and get the kid for you. YOU WILL HAVE TO APPLY TO COURT.

So my thoughts - It seems obvious that you've agreed for the kid to go see dad... Send the kid.
 

GL1001

Well-Known Member
26 December 2018
17
2
74
If I write out a “Undertaking” for him to have care of our cold over the Xmas break for 7 days, is this a very certain sure solid way to go as to ensure her return to my care. (I’m asking this and wanting to do this as he has attempted to keep our child in his care once before approx 3 years ago). If an “Undertaking” is a definite safe way to go- WHAT could go wrong? ( If Anything )

Undertaking is the incorrect document (at least for you to sign).

If there are proceedings on foot, draft consent Orders giving him care for the 7 day Christmas break and ensure that Orders relating to the return of the child are included. Both parties sign the document and email to the Associate.

Alternatively, contact him/his lawyers and offer him the 7 day period with the child to be returned to you at the conclusion of the break. If you want extra security you can request that he sign an undertaking to return the child, but the initial correspondence and his acceptance is sufficient should you later need to file an application in the circumstances that he refuses to return the child.