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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42653
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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When drawing up the orders, my lawyer included, that every

Customer Question

When drawing up the orders for custody, my lawyer included, that every second Wednesday when the children's dad has them he is to 'drop them at the boundary of the family property at "the address of the home" (he actually included the address).
Now that I have moved house and am living about 40 minutes from this address my x-husband is now insisting that if I do not pick them up from his house he will drop them at our old house.
I have put up with it and have been picking them up for the past 2 years (since the move), but it is now getting too much as I have four children (all of which are his) and the eldest is on the Transplant list for a transplant, has a fractured spine and wrist, so I am under a great deal of pressure with appointments and stress, not to mentioned the financial burden.
So my question is - is the fact that my lawyer actually included my old address in the orders negligent?..... what are my options as I do not have the money any more to take this to another lawyer.
Thank you in advance for any input you able to provide.
Mandy
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

No it is not negligent, but it could have been stated to reflect any other property that you live in instead.

you live 40 minutes further than before?

Customer: replied 1 year ago.
Expert:  Leon replied 1 year ago.

Good Morning

Did the agreement say that you should be picking up the children?

If not and you have been picking them up, under the law the agreement has been varied by your actions and the court will say this is the status quo at the moment.

What do you want to happen? Do you want him to do all pick ups and drop offs?

Was that what was in the orders before you took on half of them?

I understand your frustration with all this.

Customer: replied 1 year ago.
Apologies for disjointed replies as have a sickie at home needing attention.It is stated in the agreement that he is to do all the drop off and pick ups and this happened until we moved. This is when he threatened to drop them off at the house we moved out of instead of our new home, so of course I went and picked them up as I believe he would have taken them to the old house and left them there - which would have been horrific for them.He has however over the passed few months been dropping them to me but as of last week started to threaten once again to drop them at our old home.
Expert:  Leon replied 1 year ago.

Good Afternoon

You have to go to the court and seek to have the order suspended because they are not working.

Are his threats in writing?

You should be prepared to agree to you dropping off and then him dropping off.

The court will not accept that it is hard on you and he should do both.

The distance is not small but sharing will be approved.

But if he is not going to comply with the orders and the variation with your changes your position is to say to him in writing that if he refuses to continue dropping off where you are then the current orders as amended then you will seek the orders be suspended by the court.

Customer: replied 1 year ago.
I thought this might be the case but was hoping there could be something a little easier - but having a child on transplant list, trying to juggle the illness and all doctors plus three other children think I'll just bow to his demands...... sometime tis just easier to let it go and live with it.Thanks for your advice, the responsibility lies on me from not having picked up on the mistake in the orders before signing them.Regards
Mandy
Expert:  Leon replied 1 year ago.

Good Afternoon

This is the worst case scenario. You can try mediation again but hopefully this threat will stop him making the demands.
Or alternatively have the mediation fist and have him say that he refuses then make the threat.

I would not bow to his demands. It is a reasonable request that one picks up and the other drops off. If you want him to do both the court may think you are being unreasonable.

You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is

http://www.familyrelationships.gov.au

You can find your closest one on there.

The web-site also have alot of useful information and links to assist you.

Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.

If you need to go to court then you will need to file an application in the Family Court or the Federal Circuit Court

http://www.familycourt.gov.au and http://www.federalcircuitcourt.gov.au

All the best and I hope it settles quickly

If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

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

Please do not forget to leave positive feedback.

Regards

Leon