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Medical / Contravention info sought

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I need information in relation to Medical and Contraventions

Firstly I have sole parental responsibility for my daughter. For a period of 9 months when he had fortnightly access, she required medical treatment after every access. Her father now has access during school holidays which is all he wanted. 1st access, she was returned by plane with middle ear infections to both ears. Needless to say in a lot of pain, taken straight from Airport to Drs. Last holidays was his 3rd access and she was returned with whooping cough. At no time was I informed about the whooping cough it was when we were at the Medical Centre for my daughter cough she told us her father had it. In the meantime she had visited many people, been to the YMCA holiday programs all whilst infectious. QLD Dept of Health contacted me at my home to make me aware of how dangerous this is and stated 8 Children die from it a year. Ps 15 children a year suffer permanent hearing loss from middle ear infections. Am I being unreasonable in wanting to know what diseases my child has contact with.

Secondly we have court ordered phone calls which he misses on a regular basis and phones from his mobile on other occassions. These calls are twice a week, my daughter has had to miss school camps, parties etc because of these calls. Ofeten which do not eventuate. His new father in law is a barrister with one of sydneys largest family law firms, so I get screwed over regularly in Federal court. (failing to comply if I am not home, missed a weekend etc. even though he cancelled some 40 nights access during the same period, and regularly does not ring)

Aside from taking him to court in regards to the contraventions, which he will get off by stating he was at work, therefore a reasonable excuse, even though the majority of missed calls are on a Sunday night. His employment is as a branch manager of a large security firm and has stated in court in the past works mon-fri.

What else can you suggest, I have tried conciliation however he says it is his right to have the access twice per week, and unfortunately sometimes he cant make the calls. Which leaves my daughter who misses events a very angry child.
As you probably already know you can't force him to make the calls or access orders as he may have reason why he can not meet the commitment to try contravention would waste time and money ( IMO ).

You would have to provide a history of attempted communication if you want to try and force communication regarding illness so you need to start to document all events as well as obtain medical certificates and send written communication expressing parental obligation regarding sickness.

He could rebut that in his opinion she wasn't that bad.

There is no point going down the path that she returns sick every time because it's easily argued that children get sick and there was no intention or deliberation to cause sickness but rather simply exposure due to socialisation.

You may also have to think outside the box and provide your daughter with a mobile when she is on camps and sleep overs, inform him that she is reachable on the mobile number prior to the date, preferably in writing. If he ark's up about this simply have your phone diverted to the mobile in the allotted period he will be calling in. You are not in breach if you supply the method of communication.

The orders are centred around the parent supplying access to the child in various form on the dates and times the orders cover, they do not force the other party to comply.

So sometimes you have to think laterally and use this to advantage the child yet inconvenience yourself  as little as possible, you supply the phone he can not say you have denied contact, each time she comes back sick you request again and again that he informs you so you can best prepared for your childs condition on return, once evidence is established do your mediation then if need be look towards the courts for clarification on parental responsibility.

Look to the orders to see if it states what days the child will be available for phone calls, if it does then good if it doesn't that too may need to be clarified later if need be, but in the mean time you could write a letter suggesting the child will only be available on two set nights per week due to social commitments.

In saying all this the age of the child does have a part to play in all this as well.

Hope this helps a little, perhaps not much legally but rather a few ideas about ways around the problems.

All best D4E    
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