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18 Month Old Child

Dr Tom hands down a 5 of 14 nights under the unofficial 'tender years' doctrine (at what age and for what duration should a young child have contact). This will come as something of a revelation

For those who have not heard of the unofficial 'tender years' doctrine (at what age and for what duration should a young child have contact) this will come as something of a revelation

The Father and Mother live over 1200ks apart. If the Father moves within 200ks (not unreasonable considering that 1200ks is just to much travelling to subject a toddler to) then he gets Wednesday to Sunday

When the child gets to school age he drops back to the ubiquitous alternate weekend regime.

As much as many may not approve of the second part of the judgement -the first part 'knocks the nail on the head' of tender years doctrine

Paragraphs 29, 32 and 33 are interesting particularly as one involves 'revisiting' the orders

Attachment

Last edit: by Agog


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
This is great but someone please tell me how you get this sort of thing through to the ex ????

I try and refer to cases like this at mediation at the FRC and the mediators refuse to even look at it or talk about it.

I have a 30 month old daughter. The ex still refuses to let her stay the night with me. I live 8mins drive from her house. She fully agrees that my daughters enjoy and look forward to the short day visits they have at my place.

My poor old mum who lives in Canberra is asking at the moment "isn't it your turn to bring the girls down to Canberra for Christmas?" - the girls have not had Christmas with my parents the last 2 years (and obviously the 30 month year old never). But no, I am not allowed to take the girls to Canberra because the ex does not allow the 30 month old overnights.

You may recall I previously mentioned elsewhere that my daughters had aging great grandparents and my ex will not allow me to take my daughters to visit them. My Grandfather lived on the South Coast - it's a weekend or overnight trip. Well he died last month - didn't get to see his great grandchildren at all this year before he passed away.

I have been trying to avoid commencing proceedings but if mediators do not even look at previous judgements like these and are purely interested in pandering to her fragile state of mind what the hell is the point continuing with mediation?

Any other advice on this or do I need to bite the bullet and put it in to court?
Goodad,
Be careful in what you post - you are giving too much information away. As to the FRC, I think it is time to ask for a certificate as your ex does not want to play ball. You need to go to court and seek interim and final orders.
 

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
I agree with Monteverdi.

Go to court and get interim and final orders.

If you are still reticent, ask the ex point blank to set a date when she will allow you to have the child overnight.

If she doesn't give you a straight answer, or it's too far away (and too far away would be a month for me!) - go to court.

Orders have been made where much younger children are permitted overnights. Unless a child is breast feeding, there should be no reason why they cannot start a single overnight visit, with a plan to increase them. You have other children, so presumably you and your house are child-savvy - so what's the problem?

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
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