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Getting started with Visitation and Access of my daughter

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Okay, I have spent numerous hours trying to figure out where and how to start with a case against the mother of my daughter.

Long story short, we divorced shortly after our child was born, but separated during the pregnancy. I am currently living overseas working on immigration status's here to eventually move home and bring my new wife and step son with me…in the meanwhile I have spent 3 years fighting for pictures, conversations and updates on my daughter. At first this wasn't an issue and me and my ex were civil to each other.

Since her new boyfriend she has totally alienated my daughter from not only me but my parents. I have sent her an email explaining that I am going to fight for my parents to start getting a visitation schedule and she has not replied. So, I would like to know basically which forms I need to complete to start this. I know I need an affidavit of service but its the original form that I am having a problem finding.

Can someone please (and I thank you for your time in advance) help me with what steps, form numbers etc.

I am going to need to start my case. Like I said, I am overseas and with my parents help would like to get the forms started so that my parents can go to the courthouse and serve the papers.

The child resides in Penrith, just outside of Sydney if thats any help. Once again, thank you.
You cannot launch an application on behalf of your parents, they will need to launch an application in their own right. It is not surprising your ex is ignoring this, without a 60i certificate and an application on behalf of someone else any solicitor will tell her to ignore this and not even waste time and money with a solicitors letter.

If your parents want contact they need to start the process via an FRC and then make their own application. This is of course is likely to be complicated as presumably you too will eventually be seeking orders and your parents contact would be via your time with the child.

1   Your parents need to approach an FRC.

2   If no agreement the FRC will issue a 60i certificate.

3   With a 60i certificate your parents can make an application to the Courts.

So you can forget all the business about affidavits of service and what Court forms until the FRC process is either commenced or does not come to a satisfactory conclusion.
Thank you Conan…that explains then why my ex is not replying to me. She had a very good relationship with my parents before and even after the baby was born, its unfortunate that she is allowing for her new boyfriend to take control of a situation in which clearly, he is not a part of, however understandably, my ex has continued to live in this fairy tale world and has my baby calling her new boyfriend 'daddy'. My daughter doesn't even know about me. Sad…my parents send gifts and don't get any thank-you's even! I am currently in Canada and did a lot of research here in regards to this, the laws are similar, but a little different. I will have my parents call the FRC and I guess we'll take it from there. I hope they'll be of help! Of course, the FRC doesn't list their costs, only that the first 3 hours are free…I wonder what financial state my ex is going force upon me just to be able to allow my parents to be a part of her life?!?!? Again, thanks!
brookesdad said
…I wonder what financial state my ex is going force upon me just to be able to allow my parents to be a part of her life?!?!? Again, thanks!
Have you broached that subject to see what it would cost to allow your parents to have some fixed contacts with the child? Perhaps some money her way might open a doorway to resolving this. What is her fundamental issue and reason in not allowing parents contact? Have you actually looked at proceedings for yourself in relation to pictures etc. If you are heading back to Australia any time soon it may be worth moving forward with the FRC mediation and on to court if there is no resolution to your contact situation.


Executive Secretary - Shared Parenting Council of Australia
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