10 Comments Family & de facto law, financial agreements, consent orders
It shouldn't impact, as you have Consent Orders in place in relation to the children's arrangements and all they satisfy themselves with for a Divorce is that satisfactory arrangements have been made for them.
They may ask you some questions on the day regarding this but you can just point out the existence of the orders and the fact that he is the one refusing to avail himself of the contact.
He can't go to court for children's issues without a valid certificate and filing an initiating application/ Also given the children's current ages, judges will usually not make an order compellng them to spend time with the other parent.
Thankyou for taking the time to reply Smurfergirl.
Our orders state that I reside in another state with the children. However, we moved back to NSW which I would assume wouldn't be an issue considering he also lives in NSW.
Unfortunately, he had let the children down too many times, too many lies and disappointments. Now, neither of them want to speak to him let alone spend time with him no matter how much I encourage them to.
He keeps telling me he wants his parental rights back. I'm sorry, but it's not something you can choose willy nilly!!
Thanks once again! Fingers crossed it all goes through smoothly on the day.
The family court is a strange beast and sometimes do allow things out of time, but that said, yes you should have received a copy.
As for parental rights, silly fool, he doesn't realise that he has none, he as obligations and responsibilities, but it is the children that have all the rights and they are to know and be cared for by both parents!
Thankyou again. I haven't yet received anything. The only reason I'm aware he filed a response is because I checked on comcourts.
I think because I have sole parental responsibility, that's what he's referring to about wanting his parental responsibility back???? Why give it away in the first place!!
If the response is in relation to seeing the children, should I have text messages etc ready as proof of the children being available for time with him and him just cutting contact , disappearing and not responding to their calls/messages?
At the divorce hearing they won't care about him wanting joint responsibility back and the judge will most likely tell him that if he wants this, then he must go through the appropriate channels, which is mediation and if that fails, then Court. Given the ages of the children, that would be a complete waste of time and money.
As I said earlier, all they are interested in at the Divorce hearing is that appropriate contact, financial and living arrangements are in place.