10 Comments Family & de facto law, financial agreements, consent orders
Well the child mother is more that happy and willing to care for the children.
However, am facing the need as this world revolves are $$ to pay the rents put food on table etc. so need to consider going back to work around 20 hours per week.
That means that mother is an unfit mother for abandoning her children & children therefore should rightly be living with father who works full time, but hey can have grandmother there to look after them.
Economic control falls under the new definition of family violence . . . Pretty sure I can as this to the already long long list.
Isn't some of the things they look at under section whatever for deciding "best interest" how parties foster/hinder relationship with other & how parties financially support or not support??
Also guessing he will put in a claim that he won't be able to contribute to ICL. Do they look at his legal costs to determine whether he has capacity??
I am not clear on the ICL, but I do know the Family Report cost will be means tested.
Financial control to me would not be playing the system, but, for example, failing to pay CSA or SM, or trying to undermine your credit ratings etc.
If you have the time/money/will to go after someone there is not much you can do but follow the process.
Courts can manage caseflows (e.g. a magistrate prevented by ex filing affidavits with permission); your police record will inidicate if you make persistent allegations; DOCS make judgements; CSA has to follow process etc. etc.
I'm afraid there is no compensation for the time and effort it may take you to deal with things that are effectively maliciously raised, but remember, the process has to look at all claims etc. If he is deliberately trying to make life difficult it becomes more evident with time.
He has time, you have time. If his family babysit while you pay for a child minder that is life. However, no magistrate is going to cut the time you have simply because he has relatives hanging around who can child mind.
I get that Calmar.....
His view is that the children should be with him as he has the capacity to have someone look after them. . . . oh dear.....
Let the games begin. . . . His parents are flying out from Europe (mother here, dad still to come) for the family report as they spend "substantial & significant" time with the children.
Sorry, if he doesn't want to spend time with the children - so be it.....but to go through all this as the grandparents who don't ordinarily reside here - its going to be a long and hard road ahead of me.
Hi rannii. That may or may not play a part. My ex had a grandparent write to request interim parental responsibility of the kids and have them taken away from me and out of the country pending resolution of issues. Now, argument was high conflict environment for the kids from both parents. Magistrate rolled it into the trial.
It's hard to take the emotion out of these things. However, you look at the extremes. On the one hand there is the emotional tie to your kids, the belief you have strong parenting skills (and your ex may not have); on the other there is the reality of life (and if you are stressed that can impact the kids).
Your worst nightmare could be him having the kids, but run the numbers (financially) and ask yourself, if it becomes too hellish, is it worth you reversing the roles? You become the one with time that suits you (after all, if his parents are child minding you can fit the kisd into your time?), time to focus on getting into work in a few months etc.?
If it's a complete no that may help you focus on the big issues. Also if his parents are there you can get them into the Family Report too.