Hello!

Advice on visitation rights…Recently I am having problems with my ex not showing up to visit his children on the arranged days, or making excuses last minute why he can’t, so only seeing our kids when it suits him. Now I am wanting to get a mediation order so he has to stick to seeing them or not see them at all, is it legal and do I have right to say no you can’t see them till this order is in place? This is in Victoria, if that helps, any information anyone has, please let me know. Thank you!

Posted by anon, 20/08/13

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  • I’m sure there is something more you can do to get him to stick to his delegated visit times. If that’s what the court has stipulated, he has to stick to it and you have the right to refuse his visits if he wants to change dates/times


  • if you have an order in place then you have to abide by it i had the same problem with my ex no shows etc ,the children got distressed in the end they didnt want to go but because of the order they had to tell your ex your taking it back to court regarding his not showing up and tell him or better still let the kids tell him wwith you present why they dont want to go with him


  • Be patient!


  • I would ring a solicitor just to be safe. Otherwise it can go against you.


  • While there is no order in place he is free to do whatever. please go to mediation and get some advice and something in place as you do need time without the children also. Remember it is not a court of of anything illegal. just getting what you want.


  • If he us not showing up I wouldn’t brother in the first place. You could get him to pick the kids up from your place then if he doesn’t cone it won’t upset your day.


  • If he really wanted to see them he would b there and not make excuses! Ignore him. Bout time he made a bit of effort.


  • Hope things work out for you Good Luck


  • How rude of the father. It’s sad for the children


  • Legal advice is the best option


  • I like sallty’s suggestion. Maybe arrange to take them to the park or another public place on the day he is supposed to visit, and if possible don’t tell them that he’ll be meeting them there. If he shows he shows, if he doesn’t the kids will be having lots of fun anyway. That way they’re not left disappointed if he doesn’t show. You know, in the log run its really his loss. He might look back one day and think ‘crap! I wasted so many years not spending quality time with my children.’


  • Gets some professional help good luck


  • such a delicate issue. good luck.


  • You need legal advice. You need to make sure that you are doing everything by the book so you don’t get in trouble.


  • You need to be seeking legal advice because every situation is different


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