My partner has family court orders stating that his ex is to make his son available to see his father but every time he asks she refuses to make their son available. These are obviously breeches of the order. My question is that if he was to self represent himself in court would he have a successful outcome. My partner is beyond shattered and holds little hope.
6 Replies
The fact that she is going against court orders will work in his favour. Keep copies of any text messages/Facebook messages where he has requested to see his child and where she has refused. Document everything! This will help his case. If she keeps doing it and refusing him access then in the end it will work against her.
Good Luck!! I really hate bitches that use their children as pawns!
Is she offering other times that don't suit him? Or just saying no to contact at all? If they both can't agree on a time that's got to be difficult. I guess if she's giving other suggestions she is making him available but schedules clash and can't come to an agreement? But if she's just saying no that's a bit harsh. Hope it gets resolved quickly. Could he maybe offer three different times? Than really one of them have to suit in.
Poster here. She's flat line refusing. Not giving alternative times and dates
Something is suspect here. Court orders rarely say, mother just has to give access to father. 99% of the time they state set days and times that are very clear and specific. So although I could be wrong it sounds like there is a bigger history that led to orders that put so much power in the mothers hands. So I don't think it's as clear as mum is breaking orders so he will win.
But in order to change the situation he needs to take her to mediation. The family court does not like people who go straight to court, without attempting mediation first. So do that, it's cheap and much less stressful for the child. Plus he is far more likely to get an answer on why she is withholding.
If that doesn't work he can speak to legal aide.
Self representing can be done but it is very stressful and getting it sorted in mediation or by legal aide is far better.
Poster here. The father works 4 on and 4 off so he doesnt have a set weekend as it changes all the Time. Hence why she is to make him available.
Start with mediation and work out specific days and times. If mediation fails, then go to court. Yes he can represent himself. If you look up the family law australia website there might be some helpful tips on doing so.