Parental Access Dispute
The client is seeking assistance regarding contact with their daughter, who currently resides with her father in a location within New South Wales. The client believes the father is influencing the daughter, resulting in her reluctance to see the client. The father has indicated that the decision to see the client is up to the daughter, yet she remains unwilling. The client is concerned about parental rights and child custody matters in this situation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I modify the existing custody arrangement to ensure I have time with my daughter?
To modify the existing custody arrangement, you should apply to the Family Court or Federal Circuit Court for a parenting order variation. This involves demonstrating a significant change in circumstances since the last order. You might need to attend Family Dispute Resolution (FDR) before applying, as it's often required to attempt mediation first. It's important to show how the new arrangement would be in your daughter's best interests, considering the importance of maintaining a relationship with both parents. Consulting a family lawyer can help present your case effectively.
What steps can I take if I believe the other parent is manipulating my child against me?
If you believe your ex-partner is manipulating your child against you, you may consider initiating family dispute resolution (FDR) to resolve the issue amicably. If FDR is unsuccessful, you can apply to the Family Court for a parenting order that may address parental alienation. Furthermore, keep a detailed record of interactions that suggest manipulation and consult a family lawyer for further advice. The court may consider expert assessments or appoint an Independent Children's Lawyer to represent your child's best interests if manipulation is suspected.
What role does my daughter's preference play in a court's decision on custody and visitation in New South Wales?
In New South Wales, a child's preference is an important consideration in custody and visitation decisions, especially for a child who is of a certain age. The Family Law Act mandates the court to consider the child's wishes, but it is not the sole determining factor. The court assesses the child's maturity, understanding, and the reasons behind their preference. While your daughter's views are significant, the court's primary concern is her best interests, which include her safety, emotional well-being, and maintaining a meaningful relationship with both parents.
Are there any legal remedies available if her father is interfering with my parenting time?
If you believe the father is interfering with your parenting time, you may consider applying to the Family Court or Federal Circuit and Family Court for a contravention order to address breaches of existing parenting orders. If no orders are in place, you could apply for parenting orders that may include a request for a parenting plan or family dispute resolution. Document any instances of interference and gather evidence to support your claim.
What evidence should I gather to support my case for increased visitation or custody rights?
To support your case for increased visitation or custody rights, gather evidence demonstrating your active involvement in your daughter's life, such as records of communication, attempts to spend time with her, and documentation of parental responsibilities you've undertaken. Collect statements from witnesses attesting to your relationship and involvement. Document any instances where the father may have prevented contact without reasonable justification.
