Huggies Forum

Huggies® Ultimate

Learn More
  1. home
  2. Baby Forum
  3. Baby
  4. Baby & Dad
  5. Problems with ex getting worse

Problems with ex getting worse Lock Rss

Does anyone know what the laws are relating to father access?? My ex visits twice a week & now wants to go to mediation & if he doesn't get what he wants court. My son is 8.5 months old. I've spoken to a couple of lawyers & they all give me different answers...I feel really worried & i wrote in a previous post he also wants to take himn to England to see his family. I wont let him at this young age. Does anyone know any good family lawyers in Sydney or any advice...


Hi I don't know too much about this sort of stuff but do not let him take your child overseas. If he takes off you may not be able to do anything for awhile. Goodluck!


Ok first off, he cannot take your child overseas without complete written permission saying that you allow this to happen....personally my kids wouldnt be going to another country without me by their side.....

Now there is a solicitor in Gosford (Central Coast) who i know does work in the Sydney courts, she is the best family lawyer out there and every other solicitor knows it her name is Linda Emery (or Emrey) and seriously you cannot go wrong with her, I dont know personally but i got another family member onto her and everything turned out perfect.

When it comes to custody issue and the fathers rights, my mother had sole custody of me and my older brother...however that rarely happens these days. But my younger brother spends 50/50 week about between my parents, it all depends on his occupation, living arrangements, etc each individual case is different an assessed differently, good luck and i hope ive been some sort of help

ok first things first as some one mentioned earlier if there is no good reason for the father to have an active role in the childs life then they will most likely be given joint custody which is pretty much half n half, and unless you are breast feeding there is a good chance that that will include "sleep overs", secondly going over seas can only happen if BOTH parents sign for a passport in some cases a court can order you to sign but very very rare for a young child and that will last till the child is 18 so untill then the child would need both signitures to get a passport. but if by some chance he does suck you into signing for a passport BE CAREFUL!!! in some countrys* they do not have to return and there is nothing you can do no judge can force him to bring the baby home.
that has come from a leagal point of view,
hope that helps you


Im really sorry to say things that will most probably be frowned upon but if your partner seeing his child really that bad? Just because YOU dont love/like him anymore doesn't give you the right to keep him away from his child (unless he has beat you up in the past and therefore may be a danger to the child). You CHOSE to have a baby with this man so now you have to do the right thing by you child - your behaviour as your child grows up with be the main cause of any issues the child grows up with regarding split parents so tread carefully here. The more positive you are the better it will be allround.
If your ex takes you to court, he will be granted access, but as he is such a young age they wont usually grant him to have him overnight until he is about 2-2.5yrs old (usually stopped bf and toielt trained however this can be earlier that is what they determine). From what my laywer told me before you walk in the door the judge has given you both 50/50 custody. From there they listen to both sides of the story and this affects the percentage depending on drug charges/violence etc. However even voilent offenders are able to have access to the child, just in supervised situations (unless the voilence was directly against the child. You have to go to two mediation sessions before he can take you to court. I would advise that you do attend these (some are in person and some are over the phone) with relationships australia, as they try to get everything settled here so it doesnt waste the courts time. I would sit down and clearly write down everything you want to discuss so that you dont forget in the heat of an arguement. As for taking him to england, you do need both signatures to obtain a passport, so if you dont want this to happen (which not many mums would) simply dont sign it.
I have a DS who is almost 8 months and going thru mediation processes soon. Have read up a fair bit on custody issues and contacted heaps of law services. At this age, they recommend frequent small visits in the mothers home, not sleepovers or being away from the primary care giver for a long period of time. I am going for sole parental responsibility for my DS because of DV issues with my ex towards both me and DS.
ok this is going back 12yrs my ex husband was given custody of my dd1 and dd2 when they were 2 and 5mths because i had depression i had to prove that i was a good mother i have since had 3 more children but the courts still wont let me have custody just because i want them they are now 14 and 12 the courts just do what they think is best for the child personally i hate them but i do see my girls regularly
I can understand where you are coming from, not wanting to be away from your child but as others have said you decided to have a child with this man and he has every right to see his child. If he is violent or does drugs etc then it is a different story!!

My partner has a daughter with his ex and when his ex was a few weeks pregnant she broke up with him. She would only let him see his daughter for 2 hours every week if he was lucky. We went through the mediation and courts as she just plain refused to let him see her. In the end we stopped trying for visitation as it was getting too stressful on his duaghter.

My partner and i have a duaghter together and he is a wonderful father and a wonderful and caring man and it hurts him every day knowing that he has a daughter that he doesn't even know and has missed out on seeing grow up, she thinks another man is her father which really hurts him. It is really hard for him having his child taken away from him.

Unless they are unfit, fathers have every right to see their children and the courts have finally realised this.

I wish you luck and hope that you can put your baby's needs first as hard as it is for you. I wouldn't wish this situation on anyone, it is horrible and stressful on everyone especially the children.
Not saying this where your coming from but just letting you know of my experience. Ive heard alot on here, now keep in mind im not talkin about unfit fathers, about kids spending time with fathers but mothers being "needed more" (for lack of a better term) but when i was rather young i went to live with my father full time custody saw my mother every second weekend and 1/2 of school holidays. Now at the time people thought it was horrible a man having full time custody of a little gril, but i wouldnt have had it any other way, my father is one of the best fathers anyone could ever wish for. I was never wanting for anything yet not spoilt as I see alot of children these days are. Im now 21 my father is 43 and he is one of my best friends, i have moved from home, due to work committments and baby on the way and we talk every single day. I think this thought that mothers are the most needed parent is not true. As long as a parent is loving and caring and willing to do what ever the child needs they deserve custody. Again I STRESS if he is neglectful, has an AOD issue or is violent he doesnot deserve custody and you can, if you have proof make sure that he only gets supervised visitation
Sign in to follow this topic