Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:


AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Ex-wife requested Child Dispute Mediation Delay

 Post Reply Post Reply
  Topic Search Topic Search  Topic Options Topic Options
GoodDadWA View Drop Down

Joined: 11/September/2017
Location: Australia
Posts: 1
  Quote GoodDadWA Quote  Post ReplyReply Direct Link To This Post Topic: Ex-wife requested Child Dispute Mediation Delay
    Posted: 11/September/2017 at 16:34
Wife separated from me on 1st July and she has opted the nasty way to do it. She doesnt want to discuss with me directly about property settlement and child dispute.

On 31 August I requested an official mediation from a WA authorized mediator.
On 8 September she abandoned the matrimonial house with our only son of 1 year and 2 months. She did not notify me. Right now I dont know anything about the welfare of my child.
On 11 September the mediator called me to say that ex-wife received the mediation invitation but she has requested a delay of 2 weeks due to reasons which the mediator did not want to disclose for me.

We have initiated the assets dispute through lawyers, and that could possibly happen before the child mediation sessions occur.

She is highly advised by lawyers on how to do the nasty things. In comparison, my lawyer does not tell me the tricks of these things.

That's why I wanted your opinion on what strategy and plan she could be executing:
- Settle property before I can even see my child.
- Prevent me from seeing my son, so she can claim to be 100% carer. Before separation it was really 50%-50% because we both worked, and we had both grandparent sides taken full day care of the child since he was born.

Could you shed me some light on this.

Edited by GoodDadWA - 11/September/2017 at 16:41

citizen-joe View Drop Down
Senior Member
Senior Member

Joined: 09/October/2005
Location: Australia
Posts: 495
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 11/September/2017 at 21:50
Property and child matters are completely independent to each other. One should not depend on the other. Just attend to the matters in the order that they occur. She may be trying to play games, don't join her in this, be straight and direct with the court.

Good luck with your case, you seem to have the right sort of lawyer working for you.

emca01 View Drop Down
Legal Guru
Legal Guru

Joined: 20/July/2012
Location: Australia
Posts: 2196
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 12/September/2017 at 12:36
Instruct your solicitor to write to the ex saying that you refuse to discuss asset division until child access is sorted.

Look you need to be confident with solicitor. My advice - if solicitor takes more than 48 hours to get back to you and this is a routine... Change solicitors.

Forget mediation... Stuff a two week delay... You have not seen your kid in 3 months. ask for your solicitor to request that you have 3-4 hours next weekend and 3-4 each weekend after that...

Mate my worst case scenario for you is if mum has moved to the other side of the country. The longer she stays in the new location the harder it will be to force her back.

Start saving $$$ or learn to self represent. Solicitors are crazy $$$.

Time101 View Drop Down

Joined: 14/September/2017
Location: Australia
Posts: 28
  Quote Time101 Quote  Post ReplyReply Direct Link To This Post Posted: 14/September/2017 at 11:23
Hi good dad wa

I'm in wa aswell perth is where I am. Going through separation with property through family court

ATM I'm self representing due to not having good representing with family lawyers in Perth.

Have found it better but a lot of paperwork involved.

My matter doesn't involve kids as my ex has 50/50 custody.

As for your case I wouldn't settle yet until you have some form of custody arrangements.
As for your lawyer I agree with the people above comments. If his not doing or advising you with care arrangements for your son... I'd be looking for a new lawyer.

I'm not a solicitor but have seen a few friends go through it... First priority should be your son not property settlement. Get a solicitor that deals with child custody matters and that he/she is accredited lawyer in that field.

Your should get to see your son and spend quality time with him.

I know how vendictive people(ex) can be when these situations arise. My case is a pure example my ex has been non cooperative or amicable about anything and hasn't acknowledged anything he did.

If I was you I'd be doing the paperwork that is required to do to get the process going for you to see your son.

See if the local community legal enter will help you.
They give free informations and legal advise in what the next step for you to do.
They might even represent you. Not sure but worth a try.

I wish you all the best please keep us updated.
Good luck peace.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.