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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience:  I did my law degree at the University of Queensland
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this question to be answered by aa Australian family law practitioner.

Resolved Question:

this question to be answered by aa Australian family law practitioner. I am currently trying to negotiate a custody agreement with my ex. She wants to put in a clause that lets her take the kids for holidays for as long as she likes, the only rules being she has to give a months notice, and provide an itinerary. Can I impose limits on the legngth of trips? I dont want to have three months without seeing my kids. How would you word it?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 1 year ago.
Can I impose limits on the length of trips?

Of course. Ordinarily three weeks is the maximum limit given in custody and access agreements. Also, you need to keep in mind that you must put this agreement (when the two of you have sorted out all the terms) into Consent Orders, otherwise it will not be enforceable.

To apply for Consent Orders from the Court, you need to use this Kit:

http://www.familylawcourts.gov.au/wps/wcm/resources/file/eb7d904c3b27c0b/AppConsentOrders_Kit_070612_V1.pdf

The Court will then approve the orders, and seal them with the Court's stamp at which stage the orders will become binding on both of you. That means breaching the orders would result in penalties, including jail for serious breaches.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.
Thanks. Is there somewhere online that has examples of the wording I can use for this?
Expert:  Brisbane-Lawyer replied 1 year ago.
You won't find anything online. Lawyers keep those well guarded as they are valuable intellectual property. However, if you show me some of the clauses you are having trouble with, I may be able to offer some guidance once you have accepted my answer.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you
Customer: replied 1 year ago.
The other thing is that her lawyer has a clause that refers to the holidays as 'trips away' rather than holidays. They keep insisting on using this wording rather than 'holidays'. The recitals impose a 20 day limit annually on holidays.
Expert:  Brisbane-Lawyer replied 1 year ago.
In that case you should cross out the word holidays in the recitals and replace it with 'trips away' to keep that term consistent throughout the document.

But if you reproduce some of the proposed agreement I am happy to make suggestions.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14359
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you

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