I can't understand how this would be relevant to your case, other than to under mind the other party? What relevance has this got to do with a family law matter? Are you trying to prove that the other party in your proceedings can not provide a stable home due to their rental history? Remember, they could always rent privately thus this would not benefit your case in any way, shape or form.
the information required is not just for my curiousity, it is for consideration in the family court if it gets that far as my ex has an extensive history that if her illness and past behavoir were to re-occur, would negativly impact the young child that we have together and therefore is relevent to those matters in any proceedings that might take place.
As per your information above "if it gets that far", therefore, you haven't actually taken her to court. Irrespective of whether you find it relevant, it will be up to a judge to decide whether they think it is relevant to the case (if there is one).
You state dadonamission that you have tried to negotiate at mediation to no availability; therefore, you would have a Mediation Certificate, correct? You also state that you are trying to negotiate with your ex partner, why on earth would you when she's made it clear that is not an option? Therefore, why don't you just start legal proceedings with the Family Court?
Also remember, if you choose and it sounds like you will have no option other than to proceed with the family court, your ex partner will probably provide all details of her mental health and previous involvement with Dept of Child Safety in her affidavit and if she does this, then it maybe ruled (by the judge) that there is no need for these subpoena's. If you honestly had concerns about the mother's previous involvement with Dept of Child Safety and her mental illness, then surely you would have done something about this. I honestly don't believe that you have thought this through and it sounds like you just want to hurt the mother by taking the child away from her for your own spite. Maybe you've tried this already (I don't know) but if you have it obviously didn't work.
Just remember the court always has the child's best interests in mind, not yours, or your ex partners. She has the child in her care and I think there maybe more to your story.
Just my 2 cents, but tread very carefully, as you maybe causing more problems (for your own information) rather than what pertains to this child. Each case is different as is each child and story.
Well why ask you're question in the first place. You already have two children to the mother, seriously it makes me question why you ask this in the first place, since you have no reason (as claimed) to withhold the child only for your spite against the mother. What type of person are you, seriously get a reality check and think of CHILD/REN'S BEST INTEREST not yours, you honestly don't have any morals to suggest that you would not hand back the child (when it's a baby) when you already have two children with this mother….. I think you'd best be thinking of your children and not YOUR own needs.
Yes hansomstranger I read you post. As you have stated that, you have no concern regarding the welfare of your child in the mothers care yet, you wish to withhold the child from the primary caregiver (the mother) as she for some reason chooses when you can and can't see the child so obviously she either has concern about you or she's just playing games and using the child to get to you. How old is the child? How long has the child been in the mother's care? It seems to me that you need to apply for mediation and if no avail from the mother the mediator can give you a Sect 601 so you can take this to court, if you have previously tried this then you should already have a Sect 601. So apply to the court and take it from there. Otherwise you are indeed going to play the same stupid games that the mother is playing and realistically you both should be thinking of the BEST INTERESTS OF YOUR CHILD. It is not about you or the mother, only the child.
No court order or parenting plan, what you suggest is totally wrong. The mother has been obviously looking after the child and you don't have any on going concern for the welfare of the child, I think you would be stupid to not return the child as the mother has been the primary caregiver and in the eyes of the court it will not look good for your outcome with the child if you proceed down this track. Surely you can see the child (yes she maybe concerned about you in fact) that maybe why she is stalling mediation however, she is letting you have some quality time with the child, I personally wouldn't push it, cos it sounds to me that you just want control (maybe mother) does too but you're proving by taking the child that you aren't in fact looking out for the child's best interest only yours. That's my two cents…. have a go at me all you want, but it sounds like you're doing this to spite the mother and thus will in turn hurt the child emotionally.
Your Lawyer would do this for you. You might have to state why it would benefit the child's best interests for her to live with you for whatever duration of time he may be requesting…. If you search through the forum, you should find plenty of examples as it's what is in the child's best interest that the court will be looking at and nothing less, it's about the child(ren) rather than you're husband or father.
I'd be very careful if you where to provide evidence to legal aid as ICL and family court could see it as being vindictive. Also do you really want the ramifications from your ex due to DV? If you are scared of him then I'd suggest that you let sleeping dogs rest.
I'm shocked that you haven't been to trial yet, as my ex and I went to trial within six months from first hearing. It could be that it's taking some time due to your judge retiring. All the best.
Jeez this sounds awfully similiar to my situation and yes Legal aid advised me of the same to run away, take the child and to make it very hard for my ex as he also didn't sign the birth certificate, nor paid child support.
I'm currently seeing a solicitor about this as I do not wish my ex partner (due to several reasons) to have any contact with my child. So I would if you can get other legal advice - maybe a women's legal service and they maybe able to advise you of what are your best options.