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Thread: Court Process

  1. #1

    Default Court Process

    hi,
    i was wondering if anyone could tell me more about the court process, in regards to a dad trying to gain access to his child. both parents live in the same town, the dad has had limited access of a couple of hours at a time, the mum obstructing access, despite trying to give the illusion she is being reasonable. mediation failed and he is now going to court so he can see his child. they split before the baby was born, he is now 1 year old. the dad has a solicitor.
    my questions are: will access be granted/decided on the day at court, or is it something that drags on? we are wondering how long until we can see the child, as since hearing it is going to court she is now not letting us see him at all, or making it very difficult.
    second question is, will he have a good shot of getting a reasonable amount of custody? he isn't going for 50% or anything, but wants more than the every second weekend arrangement. he is a decent person with no shady background, has a good job and supportive family, and is probably a more respectable person than the mother, who's habits are questionable.
    we have no experience in this whatsoever, so anything would be helpful.
    i hear stories conflicting stories of fathers not getting a fair go, and then other stories of a shift in attitude and father's getting a lot more than they used to.
    hope to hear from someone
    thank you


  2. #2

    Default

    The court will try to decide based on the child's best interests. Generally it is considered to be in the best interests of the child to have a relationship with both parents.

  3. #3

    Join Date
    Jul 2008
    Location
    Victoria
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    1,064

    Default

    I don't know how it works now but when we went to court for court ordered access, it was pretty much hashed out between the lawyers. I was told if we couldn't come to an agreement it would be heard before the judge and he would decide what was best for the child.
    We were told that forming a loving bond and attachment with both parents is the courts perspective.
    My ex ended up with fortnightly weekends, dinner on the off week, half of each school holidays and an arrangement where we both get to see our child on Christmas day and all birthdays. Easter is swapped each year.

  4. #4

    Join Date
    May 2008
    Location
    where the V8's roar
    Posts
    1,855

    Default

    You need to start with mediation to draw up parenting orders. Contacting an organisation like Relationships Australia will take you through the process.


    Sent from my iPhone using Tapatalk

  5. #5

    Default

    thanks for the replies...

    yes mediation was attempted and failed, so it is on to court.

    its encouraging that the court sees the importance of the child having a relationship with both parents, and not just the mother.

    will just have to wait and see what happens - its very stressful and has been a LONG year.

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