Thursday, Aug 04, 2005 at 02:53
Frank,
The Family Court of
Australia (if it comes down to it) will always decide a case based on what's best for the Child.
The Adults just have to be able to compromise and "behave" themselves in front of the child.
Now, I am not qualified to give legal advice and every case will be decided on its individual merits. However, I have previously worked as a Court Officer in the FCA and can say from experience that as a parent, YOU have sole responsibility for the care and welfare of your son, while he is in your custody. So, if you decide to take him
camping, or
fishing, or horse riding, or to the Football, SHE will just have to wear it because no Judge will give a tinker's toss as to her feelings and her inability to "let go" for the weekend.
My only advice to you, is to maintain a calm and outwardly amicable communication with your ex during pickups. Do not 'fight' in front of your son.
As far as the FCA is concerned, BOTH parties need to demonstrate equal co-operation with each other in the best interests of the child.
Any ridiculous demands made by either party on conditions of access, custody, etc., would be quickly sorted out by the Court system.
I have witnessed Court decisions whereby BOTH parties have been ordered to share country travelling EQUALLY, so anything your ex is trying to force on you is mainly bluff, even if she is getting proper legal advice.
My own observations have determined that some Solicitors can string a client on for a considerable period of time, as they are getting paid for each minute they are involved, but when all other avenues have failed, the end result is a Court case and the Solicitor must then engage the services of a Barrister to represent the parties in Court proceedings. More often than not, most cases last less than a day for issues in relation to custody and access. The Barristers will attempt to quickly negotiate the best compromise possible for their clients, knowing that it is just that, a compromise.
And every Judge I have known would sooner have the litigants determine their own direction, for the benefit of the child above all else, than have to make their decisions based purely on the evidence presented and the laws of the Family Court of
Australia.
Frank, you can obviously identify with and relate to your son by sharing these 4WD and
Camping experiences with him and HE loves you all the better for it because you are his DAD. You can obviously see it in his face and by his actions.
The very best of luck to you mate in your ongoing relationship with the lad.
You are doing nothing wrong.
AnswerID:
123733