Legal issue - seeking court orders to prevent child being passenger

[ExJourno]

Some details of Adam's issue have been removed by moderator.

 

QUESTION: has anyone got genuine experience with family (Federal Magistrate Court) intervention to prevent children being taken up as passengers in their parent's aircraft?

 

If so, I'd love to hear from you privately.

 

Before posting publicly, please be aware pages from this site have been attached as annexures to an affidavit... And it is likely this site will be monitored so consider that any tongue in cheek commentary can and will be used against me and will probably be out of context (including this post).

 

 

[boingk]

Big seconding of cficare's post here.

 

I was a kid who went through the whole messy parental situation, and it was enough just to spend time with them and know that they still loved me.

 

Don't let petty stuff get in the way of what really matters. As far as I know you are allowed to undertake almost any recreational activity with your children, provided of course that they want to do it and it isn't likely to cause any harm.

 

- boingk

 

EDIT: I in no way consent to having anything I have written used, in any way, as legal or representative counsel. This includes the aforementioned issue of child custodial proceedings.

 

 

[winsor68]

Not cool Adam. Not at all cool.

 

If your child's mum says no... IT IS NO. Don't be silly and muddy things with Lawyers etc

 

Suck it up and think of your kids.

 

 

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[ExJourno]

Not cool Adam. Not at all cool. If your child's mum says no... IT IS NO. Don't be silly and muddy things with Lawyers etc

Suck it up and think of your kids.

What's not cool, exactly?

 

 

[Bandit12]

In my experience with separated families (also personal with two step boys of my own), when the heavies come out it is usually not about what is best for the kids but rather about trying to control or make the other side miserable. People need to do their absolute best to keep things out of courts and keep some amount of open communication if the kid's best interests are to be taken into account.

 

That said, it sounds like a bit of a spiteful attack and if you have no other option then you do what you have to. But it won't end at this, it will just get worse whichever way this goes if the courts become involved. Think about it, if a court makes a judgement in favour of one side, the other side is going to be pretty angry. And that will send you straight back there for something else. The cost has to be worth the benefit.

 

 

[Gnarly Gnu]

....when the heavies come out it is usually not about what is best for the kids but rather about trying to control or make the other side miserable.

Yes, statistically children whose parents separate / divorce have almost five years shorter lifespan (the only event that will cause this); the real loosers are the children the only winners are the legal leeches.

 

 

[M61A1]

Not cool Adam. Not at all cool.If your child's mum says no... IT IS NO. Don't be silly and muddy things with Lawyers etc

Suck it up and think of your kids.

That is exactly the sort of attitude that has caused a lot of these issues, meaning the idea that you can only do what mum says. These sort of partners need to be stood up to and put in their place, because if they're not, they continue to dictate everything (been there, got the shirt). You are right in it being about the kids, and of course an amicable solution is best, but, there are many separated couples out there who have one parent who will continually dictate the rules, yet refuse to be dictated to them selves. Mum's word is not he last word. Kids also need to know that someone will stand up for them if necessary.

[damkia]

Weight it up on a risk analysis.

 

Get the statistics from aircraft accidents (applicable to the type of aircraft (ie RAA or GA, or Experimental versions of either), and compare that with, say, riding a pushbike on a public road at the child's age (assuming the child is old enough to ride). I am assuming the the other party allows the child to ride a bike (to/from school?).

 

Give that information to the other party's solicitor to mull over...I doubt whether he will argue that there would be a case to put forward.