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Final hearing draws near

My posts to this forum have been spasmodic. I have continued on a daily basis to return to read what others are experiencing and sharing which makes one feel like they are not the only person to have ever gone through these emotional times.

My last entry was to say Mum had decided after three months of living and working interstate she would return back to this state and her daughter that was left with her parents.

The update now comes in the form of a letter from Mum's solicitor for a court appearance last week of October bought on by the fact she is no longer relocating so no need to waste two days of the courts time in November for the final hearing. Perhaps this has something to do with the fact all the subpoenas are due in court in the first week of November.

Mum has refused any make up time for the days she has stated Little Miss was ill. She has offered overnight stays but only on the condition Dad signs an agreement before the court hearing. We are very concerned when this goes to court he will not stand a chance because he has never had an overnight stay.

Court orders clearly state Dad has Little Miss on a Saturday or Sunday and if the parents cannot agree it is set to be a permanent Sunday. Today, Sunday, we went to collect her only to be told by the Mum's parents that Little Miss had slept over at her uncle's and they had arranged for her to spend the day with them. Being so close to final hearing nothing could be done but document this along with all the other incidents. And Mum returns sometime this week.

I guess what I am asking is has anyone been in this situation, where the mother has left the child and then returned saying "it's all ok I'm back now" and how the court has reacted to this? Little Miss is not yet 2.

"I don't have tomorrow's grace yet, and I won't need it until tomorrow! We must not be so overly occupied with the future that we lose today. God has hidden the future, so we might trust Him. He is compassionate in doing so. Why waste the present trying to change something you cannot change?



Extract from "Deceived By God" author John S. Feinberg :thumbs:
We've not been in this situation, but have been where the visit was cancelled because the "family" had something better on.

You have court orders - contravene her and lodge this as part of the final hearing. It is very poor form.

I would suppose that if mum is happy leaving the child in the care of others overnight and more, she has little to argue about leaving the child in the care of dad, other than…she doesn't like Dad.

Pretty flimsy, and something I think court will see through.

I believe Dad will eventually get overnights. It is a matter of what the court on the day will accept as a suitable graduated schedule.

We had overnight care of a child under two in interim orders.

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. 
Thank you for your reply Artemis as all input is important to us, and hopefully anyone who reads this that is experiencing the same.

I am very concerned about the fact Dad has had no overnight stays that when presented before the Federal Magistrate this will be a major set back because due to Mum leaving her with the grandparents off and on for the past three months, and on other occasions while travelling overseas, Dad is now going for full custody. He is more than capable and while he is at work Little Miss will be in a registered day care run by her aunt.

Being a Christian I find it so very hard to get my head around the blatant lies the Mum has told and continues to tell. She has never adhered to the interim orders and final hearing is set for November, although she has succeeded in an appearance in court in the last week of October.

I guess what it all comes down to is faith, faith in God, the court system and the whole ball game. We are blessed with the fact Dad was granted a final hearing within 4 months of the interim injunction so the journey ends (or beginning) draws closer.

A simple thing, as suggested by a friend, being a communication book has proved so valuable I would advise everyone to have one. I, also, share a limp smile with you as I think of my son keeping a diary, which is now priceless. Even if things do not go his way in many years to come he can give it to Little Miss and she can form her own opinion as I know for sure he will never debase her mother.

 O_o

"I don't have tomorrow's grace yet, and I won't need it until tomorrow! We must not be so overly occupied with the future that we lose today. God has hidden the future, so we might trust Him. He is compassionate in doing so. Why waste the present trying to change something you cannot change?



Extract from "Deceived By God" author John S. Feinberg :thumbs:
Hi Wendy,

I have learnt that a very small minority of people will choose lying over the truth at every turn. I think they believe it gives them power.

A very great man once said "The truth will set you free". Yes, it will - but it takes a loooong time.

I have this same conversation with friends who are good people and they have a lot of trouble understanding that there are some people who simply have no fear of authority and will lie. I blame incredibly poor parenting. It doesn't excuse adult behaviour, but you can understand why a person is the way they are.

Part of this journey moving on from court is accepting that and always being aware of what the other parents behaviour will be.

Stay the course, Wendy. Dad and LittleMiss are lucky to have you.

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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