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Old Apr 23rd, 2008, 11:28 PM     #1
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Confused Confused

My current partner is going through court to gain visitation rights to his children. The children are 4 & 2. After a lot of money spent and several court dates he was granted 4 supervised visits at a community house in anticipation of the following court date where his lawyer told him they would proceed with attempting to gain weekend visitation. The mother of the children subsequently went back to court with a proposal of letting her move to the other end of the state with the two children and my partner wouldn't allow it... She then went back to the following court date with an affidavit prepared detailing their whole relationship, stating that she didn't want the father to be around the children because she believes he can't understand them. The affidavit is 2 to 3 pages long and at the end of it states 'if I am allowed to move interstate I will allow supervised access to the children providing he makes the arrangements to come here". Is she allowed to do this and is htere anyway my partner can go into court stating his case? At this point all he has done has opposed every proposal the mother has put forward and hasn't had the chance to state his case
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Old Apr 23rd, 2008, 11:56 PM     #2
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Default Re: Confused

She is allowed to file or request anything she wants. That does not mean she will get it, and she risks damaging her reputation before the court if she makes ridiculous requests.
He should stay quiet, bide his time, and let her continue making this demands right up to the date of the court hearing. Let her unwind enough rope to hang herself.
Then he should go into court and use the mother's own statements to show that she is actively trying to deny his parental rights and is engaged in parental alienation, and he should request that if the mother move out of the are that he be designated the residential parent.
The more reasonably he behaves, the better his chances. But he better keep his nose clean and make sure he doesn't hand her ammo to fire back at him in court.
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Old Apr 25th, 2008, 12:57 PM     #3
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Default Re: Confused

Good advice!.
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