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Confused about legal/mediation

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I seperated fro my partner 6months ago, we have a beautiful nearly 3yr old daughter. she currently lives with me. i do my best to make sure contact is maintained with her father however communication with him is quite difficult. My ex had threatened on numerous occasions that he will take my daughter and i wont see her for who knows how long. Its difficult as I want my daughter to see her father but her father is unreasonable about the contact i.e doesnt see daughter for a week or so and then phones saying I am having her for the weekend. My daughter hasnt spent more than 24 hrs away from me, i wouldnt mind her staying overnight with her dad every now and then but her dad wants it for more than one night. I have a section 601 cert but not sure what to do with it.. My ex's place of residence is with his parents age 80+ and one parent very very ill with lung cancer (yucky situation) my ex has at times become very threatening and again the threats of taking my daughter scares the sh*t out of me.. What I would love is times sorted for when my daughter spends time with her dad, dad however has not attended mediation or  tried to sort any parenting plan. soooo my question is.. what do I do? go the legal path or (as a lawyer told me) toughen up and say no to his silly demands or do i write a parenting plan and try to get him to sign it ( i dont like my chances) he ex also works shift work.. any help would be great
At the moment either of you can take the child and withhold and this can not be enforce by law.

The first step would be to prepare a parenting plan and agree by consent, and have orders made, but I assume, as mediation has failed, this is not an option.

The next step would be to present this plan, which would be a basis for any court orders, in a formal manner. You don't have to do this but it can be used as an annexure in your application  if you do.
Then prepare and submit an initiating application to court to get orders made.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
Thanks for that..

Just a few more questions.. Who do I present the plan to, would that be my ex and what do you mean by presenting the plan in a formal manner? Do i personally prepare and submit an initating application to the court or do I need a lawyer and is there an actual form to fill out?

If I put together a parenting plan and my ex does not agree and does not come back with another plan can I still get court orders for it?

I'm so sorry for all the questions however i am really new to all this and didnt realise how difficult it all is.
By presenting the plan in a formal manner I mean preparing it with the necessary details setting out times spent with each parent and what if any changes as the child ages. Overnights with a 2 year old are unlikely, just yet, but getting close.
Then consider sending it direct to the other parent with a letter stating here is what I suggest. If they respond with some reasonable suggestions then well and good, you can continue to negotiate. If not then prepare and submit an application to the court.

As I said you do not have to do this. As you have the certificate you can go straight to making an application now. You could even do both at the same time, but if you think there is no chance he will respond to the letter, just commence the application.

You do not need a $olicitor. You can make the application yourself. You just need to prepare the orders you seek and a supporting affidavit.

"When there is no enemy within, the enemies outside can not hurt you"

Executive of SRL-Resources
Patronus.. thankyou for all the info you have given me, I saw a mediatior (again) today and thay have informed me the ex got in contact and wants to do mediation.. yippee..(they aso told me to toughen up and learn to say NO) hopefully now things will start to be put in place for the benifit of my daughter.
Thanks also for the advice on not needing a solicitor, if things dont work out with the mediator I will make an application to the coursts myself.. however i am sure i will need a couple more questions answered before doing that
thanks again
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