Welcome to the world of Family Law. There are a stack of parents out there who have fallen victim to Family Law, and the whims of judges, report writers and ICLs. Unfortunately this is the system we have and this is the system we have to work with. It is not going to change in the next little while. So you will just have to learn to live with it.
Claralyn, The Wolf said 3 hours, because he asked you, and you did not respond, so he put a figure out there. You now have an interim order which states that the child is to spend 6 hours on Saturdays and Sundays with the father. That is what you need to work with. The judge and family consultant made their decisions so you will just have to abide by those decisions, unless you can find a point of law that you can use to appeal. They are allowed to make their decisions however they made them, as it is up to them. Sadly, there have been too many people before you who have helped cause the system to become unbalanced, and provide 'evidence' which is not factual or the truth. Sadly there are a lot of people out there who have had professionals back them up with 'evidence' which is not factual or the truth. Sadly, there are a lot of parties out there, who just out and out lie. Please note that I am not calling you a liar, I am just stating a fact.
You stated that the family consultant did not view the subpoenaed documents. How do you know? Were you there the whole time since the documents were given to the consultant? No you were not. So you cannot make those assumptions. And please show me where it states that the consultant has to read the documents. As far as I am aware, it is their choice as to what they read or don't read. But I am happy for you to correct me on that, with your proof.
Now, you need to move forward. The child is to spend time with dad. You stated in your last post "the point is that he can spend as much time as he wants, all he had to do is get a letter from his doctor saying he's the one that took him off his meds." That is a little unclear. Is that in the orders? Or are you saying that you will allow the child to spend more time with dad if he gets a letter from his doctor?
If, as you say, dad is in a 'bad' way, then he may not be able to sustain 6 hours every Saturday and Sunday, a total of 12 hours each and every week. Look forward, not backwards.
Hi dbt Sorry that you and your child have been pit in this situation. Especially when the other parent is expressly ignoring the wishes of the child.
Is there a social worker that the child can talk to who in turn can talk to the staff to allow the week about to continue? I seem to recall that there are advocates for people who receiving treatment. Maybe that is an avenue.
Scenario: Parent A lodges interim and final orders on a Thursday afternoon. Serves those papers on Parent B on Friday afternoon. Court date is on the Tuesday, a week and a half later. Given that papers are supposed to be served at least a week before court, does that mean that Parent B has to lodge their papers with the courts, and serve them on Parent A by Tuesday, essentially giving themselves the weekend to prepare their response, have papers witnessed, etc.
Also, the parties have not undertaken mediation, so not sure at this stage if Parent A has lodged the non-filing of family dispute resolution affidavit or not. Parent A has lodged the Notice of risk form though. It also appears that the application was lodged at about the same time that the Police Service advised both parties, that there was no case, and that they would not be investigating.
Ex partner using married name to an other person child:
In essence what you are saying is: Separated and divorced 2 years ago Daughter in a shared care arrangement Your ex is still referring to herself by her married name (to stop confusion for your daughter) Your ex is now pregnant
Okay, my responses: Your ex wife can use whatever name she wishes to. If she wants to go back to her maiden name, that is her choice. If she wants to continue to use her married name, that is her choice. Just because she is divorced does not make it illegal for her to continue to use her married name. If she chooses to be known by another surname, that is her choice. Take it from me, it takes a long time to change documents from a maiden name to a married name, and then back to a maiden name. It would be great if there was a one stop shop for this sort of thing, but I digress.
It is interesting that you know that this is a 'fatherless' child. I won't ask how you know, but just be aware, that it really is not any of your business whether this child is fatherless or not. All you need to do, is, support your daughter with regard to the change of circumstances, and only if, and that is a big if, your daughter raises any concerns or issues with you. Your daughter is the responsibility of you and the mother (your ex). The unborn baby is the responsibility of the mother (YOUR EX) and the father of said 'fatherless' baby. Getting off soap box now, well at least for a moment.
As far as naming the child using YOUR surname, well that is the mother's business. You might like to check with Births deaths and marriages in your state with regards to names, if you are really concerned, but YOU don't have control over what she chooses to do with a child that is not yours.
Have you copyrighted your surname. If you have, then by all means, take legal action. But if you haven't, well take a deep breath, because there is not a lot you can do about. Maybe you should talk to a lawyer.
The only thing I would be concerned about, if I were you, would be the mother (your ex) putting your name down as the father.
Application dismissed-why/how yet more injuctive orders then ?:
@fotsyfots - Your first two posts were very unclear. I am still not sure what it is that you are seeking advice on. If you have a query, please ask. And please be clear and concise, it helps us mere mortals prepare answers.
How to agree with OP's New Final Orders before Trial Date:
I looked back at Mumvity's post and she used the word "original poster", not an abbreviation.
Mumvity, for future reference. Original poster means - the first person who posted in a particular topic. If you mean, the person (otherwise known as party) who filed a court application first (Initiating Application), then they are the Applicant. The person (or party) who has to reply is called the Respondent. Other Party is a generic term for referring to the other person in the case.
Now, before we go too much further, you will need to answer the questions, that have already been asked. You referred to this coming Friday. That day is Easter. So are you actually going to court on Easter Friday? And please clarify who you are referring to when you say "original poster".
How to agree with OP's New Final Orders before Trial Date:
Ah Wolf, I expect we aren't going to get a straight answer from Mumvity. She was on line when I posted my first response, which she totally ignored, and she was still on line when I posted the second response. And she didn't answer either question about appearing in court on Easter Friday, or about why she keeps referring to the original poster. All very odd indeed. Especially for someone who is apparently living within Australia.