Donate Child Support Calculator
Skip navigation

clarify: BY CONSENT: clauses that be believe are not being adhered to.

Child is being known by mothers new husbands surname.

current parenting order states.

Clause 3.

"that without limiting the parental responsibility each parent shall keep the other parent informed of and properly consult with the other with respects to any major long term issues affecting the child, for the purpose of these porders, a major long term issue is"…..

Clause 3.8 Any intendedchange in the surname by which the child is commonly known from that which appears on the birth certificate.

We have addressed the issue of my partners son being known by his mothers new husbands surname, to which she replied

"i have notified the school of my preference to add (husbands surname) as the childs preffered surname for the child for the obvious reason that it aids unfamiliar parties to identify the childs relationship and belongings to our family, this has been done on an informal babsis and is none of your concern however onsider yourself infomed on this matter"

we strongly believe that she is out of line and that there is little to no difference between the consent orders "commonly known" and her "informal preference" we now have school p[hotos that have been sent out that the child is labled with the husbands surname…. will this constitue a breech of the order and since she has now had the child being known with this name fpor 1.5 years now will the court be reluctant to ensure that she stops using this name?
Quick fix for this one is to contact the school directly and inform them that the children's father is alive and well and does not give consent for his children to be known/called by any other name than what is on the birth certificate.
Govt schools are obliged to rectify this at once. Not sure what the go with private schools is, but if you contact them in writing stating the above, you should get some reply.

Next you could lodge a contravention of the parenting order.
Don't bother negotiating with the mother, she is obviously trying to alienate the father from the children in their school environment.
BDouble - We should always show an attempt to mediate or negotiate. By two parties putting the blinkers on and no one trying to negotiate our children are going to be led by the blind. There is nothing wrong with trying to negotiate, it shows we have different perspectives but want to work around them for what is BIC. There court will look favorably on those who try to negotiate when others don't. The challenge is knowing when we need to stop negotiating and can give no more, that's where we plan the proverbial line in the sand before we start negotiations. What are our WATNAS and BATNAS. 

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
thank you we will certainly be calling the school. he is attending private school so i will inquire as to their policies and procedures on this matter. thanks fpor the advise. worht mentioning is that we are attending FDR in an attempt to mediate with her about the new prder as it is up for review, one of the pre-action procedures si that you must show that there has been a genuine effort made at FDR or should our case proceed to court we may be ordered to attend at a later stage and foot the bill for the court costs. thanks for the information. and yes she is relentlessly alienating this side of the childs family entirely.... verry sad to see that when we asked that she permitt our attendance at his sports carnival for 20 mins to see one event, she would not even try to negotiate!!!
jbp,
It is quite unusual to be denied participation in the childs school events unless there is some kind of DV issue.
What is the other parents reason for denying access to school carnivals?
There were DVO from mother to father father to mother and father to mothers father. All of which are 5 + years in the past. The reasoning we were given was first attempt: that we did not seek her agreement second attempt: that she did not see it fit to enter into any contact arrangements that are outside the provisions of the current parenting order and that as the order was made prior to child attending there are no provisions for attending school events. And that it is not in child's best interest that there be direct contact between parents as the potential for conflict was high. All communication between them has been via text message and communication book for 5 years just unreasonable!!! Our solicitor advised that she really has no legal rite to stop us attending school vents however suggested that we do not go against her wishes at this stage of negotiating an updated order.
1 guest and 0 members have just viewed this.

Recent Tweets