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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38844
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hello again, Thank you for the follow up. My ex has now completed

Resolved Question:

Hello again,
Thank you for the follow up. My ex has now completed divorce papers for me to sign "URGENTLY" and wants me to complete and sign immediately? This is ringing alarm bells for me as I wanted him to sign divorce paper twice now in 4yrs but said it was not a necessity. I noticed that in these documents there is a question regarding the children and he has put that they will be shared 50/50?.
Where do I stand on this? I have also just received a letter for "mediation" regarding my anticipated move, as he would like a certificate of some sort?. What's he playing at now?
Thank you
Kind regards
Shelly.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon,

My name is XXXXX XXXXX I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

If the application he wishes you to sign, is a divorce, and you are not satisfied with what he has put in relation to the children, then you should contact him and advise that you are not prepared to sign with it saying that they are shared 50-50.

the details in the divorce application, are not orders, they are simply an indication to the court that the best is being done for the children.

In relation to the letter you have received, he is now trying to also seek orders for the children.

Once the mediation is over, if you cannot reach an agreement then a certificate will be issued and an application can then be filed with the court.

In the last 4 years have you been the primary care of the children, and how often would he see the children?

Have you also finalised a property settlement?

Customer: replied 1 year ago.
Hello Leon,
To answer your question, in the last 4 years the children and I have had to work around Tony's roster as he is a Police Officer doing 12 hour shifts. So, basically, he has 4-5 days at work then 4-5 days off. What I feel is unfair is that I could go 4-6 weeks where (depending on HIS roster) I have the children through the week only and no weekends? He also drops the children back the night before his first shift as he needs a good nights rest. So, really, I have the children the majority of the time.
He has just moved out with his partner and she has two little boys. Now that Tony has moved in they have given Isabella (my daughter from a previous marriage, who's father is deceased) the main bedroom and they are sleeping in the lounge room?
He is insisting that I can't take the children away to live with me in Newcastle, he thinks they must live with him and that he has "Parental" rights regarding Isabella? Is this right? He has not adopted her but we did change her last name. Sorry Leon, all this must sound like a real headache!
Thanks Leon.
Shelly.
Expert:  Leon replied 1 year ago.
Good Afternoon

In response to the 1st part of your initial question where he has put that you have equal care of the children you need to change that and explain what you have said above.

That he has the children on his days off and what that percentage is.

The court would be satisfied that the children spend time with both parents even though the time is not equal.

His parental rights to your eldest daughter will depend on the relationship he has with the child and how long he has been in her life.

Generally speaking as a stepfather he may not have the same rights as a biological father.

In relation to you moving to Newcastle, where are you currently living?

The courts are reluctant to allow a child to be moved too far from one parent.

The other concern I have is the fact that you say that your ex partner is sleeping in the lounge room, if there is not enough room in the house for the children this is a problem.

The other thing you should be aware of, is the court would be very reluctant to change the current living arrangements with the children as the status quo is working and the children are happy.

To change the children's routine because he wants to, is not a reason for the court to do so.


Customer: replied 1 year ago.
Thanks Leon,
In all honesty, what your telling me really is that the court will decide either way. My 9yr old son Ben wants to move with me but my 13yr old daughter is reluctant after starting year 7 and having made friends.
Tony has been in Isabella's life since she was two as her biological father passed away when she was only 7 months old.
I'm concerned that if Tony and his partner who are both Police Officers have my children on a day to day basis, what happens to them when they are off working 12 hour shifts? Tony said they will be left with family members? Seems unfair when I'm willing and able to be with them 24/7.
Expert:  Leon replied 1 year ago.
Good Afternoon,

Your ex having played a large role in Isabella's life will have a right to spend time with the child, or I should say she will have a right to spend time with him.

In these matters it is not the rights of parents, because parents do not have rights. It is the right of the children spend time with their parents.

The mediation is the correct way to go to try and resolve the issues and you are going to have to sit down and discuss what would be the best for the children during the mediation.

Your 13-year-old may be a problem, because if this matter goes to court her wishes will be taken into consideration when the court makes its decision.

It is a matter where any arrangements will need to take into consideration the shifts and they will have to provide you with the rosters when they 1st come out and any time the children spend with them will then be arranged.

You have to understand the law, when it comes to children's matters, is interested in what is in the best interests of the child and the primary interest is that they spend time with both parents.

I cannot see with the shifts that they are working how equal parenting will work it is not possible.

If they are to be with their father, and not see him because he's working and spend the time with their stepmother this is highly inappropriate and the court would not agree to act.

It is a matter where if you can reach an agreement with the children spend quality time with their father then this is better than spending time when he is at work and being with his current partner.

The move to Newcastle may be an issue but it depends how far they will be from their father on whether the court will think the move is not in their best interests.

Is there anything else I can assist you with?
Customer: replied 1 year ago.
Thank you very much for your assistance in this matter Leon. You have been excellent.Best regards,Shelly.
Expert:  Leon replied 1 year ago.
Good Evening Shelly,

You are very welcome and thank you for using my services.

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback

Regards

Leon

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38844
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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