5 Comments Family & de facto law, financial agreements, consent orders
Where you stand is AFAIK he is allowed to make decisions for what the child should be doing during his time with him. So whilst it is not in the best interests of your child, it is not abuse or anything that is likely to cause any long term harm. So short of a court order (which would take forever and cost a fortune) you can't do much legally I think.
You can speak to him however if your relationship is OK - or your son can speak to him. Explain to him that his activities ARE important and that your son has made commitments to his team that your ex is forcing him to break.
If that doesn't work, your son is getting close to an age where he can simply refuse to go with your ex (usually 15 or 16 I think is where the court will not make any orders usually forcing a child to spend time with a parent). If your son is getting truly upset, this could not only affect the time that he gets to spend with his son, but his long term relationship with him and possible financial issues for him around CSA payments.
He should really realise that he needs to step up - for his own best interests.
[QUOTE=HereWeGoAgain] His dad has said that as he pays money towards his upkeep, he has to spend weekends with him.
My son has said that he doesn't want to go to his dads anymore as he misses out all the time and his sporting teams are getting annoyed with his inability to be available on a regular basis.
What can I do and where do I stand???[/QUOTE]
First of all he needs to realise child support is not a payment for 'time' with your children. A lesson he may soon learn the hard way by the sounds of it.
At this point I recommend you contact a body such as Relationships Australia & enquire about some child inclusive meditation. If he & your son agrees to go along with you, then perhaps some compromise can be brokered to take into account your sons age, changing needs & priorities.
jaazzz 2012-10-30 16:49:57