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have Hi, I've been reading through a number of the posts and have been finding alot of useful information. I'm hoping someone can give me some advice on our situation. I am enquiring on behalf of my partner who has a 8 year oldchildliving in the Eastern states. Her mother currently dictates all visits. My partner and his ex separated about five years ago and she moved interstate with the child.

We arehaving to fly to the eastern states to pick up and return the child as the child's mother will not allow her to fly without someone. This is all done at our expense. The mother can not even arrange to meet at the airport (she lives two hours away) she insists she is collected from her residence. This is a very expensive exercise for my partner to see his child for a short period of time (generally a week in the school holidays).

Where do we stand in asking for orders to be made for her to be allowed to fly unaccompanied? How do we go about getting formal arrangements for us to have her visit on a regular basis? Would asking for the entirety of all school holidays be considered too much? What about having the child reside with us in the future.

The childhas mentioned more and more often that it would like to stay with us, we dont know what to say to her about this. We both would love to have the child reside with us.

Is it unusual for a father to win sole custody in court with a mother to receive visitation rights? Could you take into consideration that the child has spent the last five years solely with the mother with limited access to the father? My partner is scared to do anything for fear of the childs mother denying him any access to his child. Please help
Infoinfo said
have Hi, I've been reading through a number of the posts and have been finding alot of useful information. I'm hoping someone can give me some advice on our situation. I am enquiring on behalf of my partner who has a 8 year oldchildliving in the Eastern states. Her mother currently dictates all visits. My partner and his ex separated about five years ago and she moved interstate with the child. We arehaving to fly to the eastern states to pick up and return the child as the childs mother will not allow her to fly without someone. This is all done at our expense. The mother can not even arrange to meet at the airport (she lives two hours away) she insists she is collected from her residence. This is a very expensive exercise for my partner to see his child for a short period of time (generally a week in the school holidays). Where do we stand in asking for orders to be made for her to be allowed to fly unaccompanied?
Firstly you will have to commence a mediation process through an FRC if either cannot resolve the issues by agreement.

You dont give your location but since it involves air travel - some of the FRCS will arrange telephone mediation. You cannot make an aplication of this type to the Courts (not urgent) unless you have an FRC certificate

Most airlines (Qantas and Virgin) allow unaccompanied at 5 years old - so the child is old enough
Infoinfo said
How do we go about getting formal arrangements for us to have her visit on a regular basis? Would asking for the entirety of all school holidays be considered too much?
By formal arrangements you mean 'Orders'? Either by agreement or through the Family Courts.

Asking for 'all' the school holidays may be too much inasmuch that a Court might say "is the Mother entitled to spend holiday time with the child"?
Infoinfo said
What about having the child reside with us in the future.The childhas mentioned more and more often that it would like to stay with us, we dont know what to say to her about this. We both would love to have the child reside with us, Is it unusual for a father to win sole custody in court with a mother to receive visitation rights? Could you take into consideration that the child has spent the last five years solely with the mother with limited access to the father? My partner is scared to do anything for fear of the childs mother denying him any access to his child. Please help.
The fact that the child has spent the last five years with the Mother counts entirely in her favour, the Courts do not work on "its your turn now".

To change "the lives with" status of the child would require some very strong reasons to a Court. Additionaly at 8 years of age the childs wishes are unikley to be given too much weight.

I can understand your partners concerns, but what are his options?

1 To carry on with the existing arrangements

2 To come to an agreement with the Mother

3 Make an application for a Court to issue orders

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