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Mother wants full custody and no access!

Hello, recently was served papers  with the mother ( ex wife ) asking for full custody and suspension of my contact time on the allegations of false claims of child abuse, physically and mentally.  We have two teenage  boys together and lately the older one is becoming more and more of a teenager , lazy, rude, moody, bullies his younger brother, etc etc  At times when he doesn't get his way, he promptly walks home to his Mum's and I have brought him back at times so he can finish off his chores and learn that running away isn't always the best option.
To me  I'm basically faced with 'normal' teenage boy problems but unfortunately the mother has always been inflexible in any negotiations over the years. So my oldest boy has complained to his mum and subsequently I've been served. Currently my access and has been for the last 5 years is a weekend a fortnight, on the intervening week  the afternoon/ evening meal and half of school holidays. As the boys are becoming older I want to have shared 50/50 care, but not entirely sure what result I could expect in the court as I'm about to go to court and have chosen to represent myself. I fully understand each case is different and most certainly complex.

Any advice, tips most welcome.
how old are the boys? our two kids were recently given the legal right to choose residency, and neither parent can take the matter back to court. The age matters, although no-one will quote you a precise age. at 14 the court will take into account what they want, and at 16 even more so.
They are 14 and 12, no problems with my youngest son's behaviour just the older one ' flexing his muscles'!
Has mother lodged a "notice of abuse"?  This document, and subsequent family court investigation with family reports etc, is the only way a judge will respect the mothers request for 100% residency.

As the law stands "the child has a right to a meaningful relationship with both parents".  She would have to prove an awful lot for that law not to be upheld.

Your son's preference not to finish chores, and bully his brother, and deal with problems by walking away is normal behaviour and the judges know that.  That mother disagrees with your parenting style is of no consequence.

If your current arrangements for access continue or increase to 50/50, ultimately the child will decide whether to go or not.  They cannot be manhandled into a car and made to go. As difficult as this is for a parent, imho, let it be. Just let him know you are always there for him, because there will be other times ahead when he will reach out for Dad.

The court does have the power to recover children with federal police, but not for regular visitation.  Only if say the court awarded residency to one parent and to place the children with that parent. also imho, this is devastatingly stupid and damaging to teenagers who want to exercise some control of their own. They just hate you all then! And it's called 'systems' abuse of the child which the court sometimes needs a kick to remember!

We did ours as SRL also and gave the court a kick!
Stormsurge thankyou for your valuable input. No  lodgement of 'Notice of Abuse' (haven't heard of this !) has been made, but in the interim orders they have requested an urgent Family Report be prepared.  And also her right to waive Section 601 of the Family Law Act where she has to produce a Family Dispute Resolution certificate, which can be done on the grounds of possible child abuse. She has falsely accused me of abuse in her affidavit so my thoughts are she won't agree to attending a dispute resolution for fear of incriminating herself,  but I'm all for it so I  will  request that in my interim orders.

Thanks again  

Have you been through a 'family report' process before?  If not, be very careful. Do not trust that family reporter at all, even if they are nice and seem to take your side etc. A simple thing like referring to the children as "my sons" will elicit a ridiculous diatribe of psychological bullshit of how you feel you own them and dont really care about their relationship with their mother. Do everything possible to be reasonable, unflappable, yet truthful, without being overly sweet etc.  They read into all of the behaviours, and it comes back to bite you in the A**.

Family reporters are powerful people. The judge uses this as a major source of evidence for decisions, and rarely listen to any objection to the content. Is an 'independent children's lawyer' involved in the case? If not, object to the involvement of one, most strenuously. bunch of paper pushing idiots (imho) only useful if they happen to agree with you. And that's a mighty big gamble. Common sense does not come into it.
Yes went through a Family Report over 5 years ago now, in regard to mother relocating with the children interstate. Report recommended that she could go !! but during the trial my barrister argued the report was 'illogical' and other factors presented etc I actually won. The interim orders  have  requested for a children's lawyer to be involved with my latest case , I was going to agree to this on the grounds it would hopefully get the truth out. Maybe I'm dreaming.

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