hi, i have a family court order in place that gives me access…

Question

Answer 1

Answered in 2 hours by:

12/7/2014

Solicitor: Patrick H., Lawyer replied 8 years ago

Patrick H., Lawyer

Category: Australia Law

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Unfortunately, the best option may well be to go back to the court for new orders reflecting the reality of your more recent shared custody arrangements.
Where it is practical the courts will often favour orders that provide for a more even sharing of custody/access, so if that has been the norm in recent times, save for when she is 'punishing you' then the courts may be inclined to accept that such arrangements are viable and therefore confirm the current more generous shared custody/access arrangements in substitution for the previous orders, and this would then prevent your ex from selectively applying the previously restrictive orders at her whim.
Of course there is always a danger that if you reopen the custody arrangements, the court may also reconsider the restrictions on relocation, and it can be difficult to predict the outcome of such disputes. That said absent compelling reasons to change the previous order in this regard, the court may well be inclined to simply reaffirm the existing orders.
Only a fully briefed family lawyer can give you a firmer view as to how the court would deal with your situation should you apply for new orders, but from what you have said, the above is my assessment.
I trust the above assists.
Please rate my answer.
Patrick

Answer 2

Solicitor: Patrick H., Lawyer replied 8 years ago

Whether the courts form a view you simply have it in for her, or that your application is justified, will depend on the sort of orders you are seeking and the evidence justifying those orders. However, it is not unreasonable for you to seek orders to provide for more stable arrangements if it appears the mother is periodically trying to manipulate the arrangements by switching back to the original orders when it suits her, when otherwise they do not reflect the normal present arrangements.
It is a reality of the family court that orders do become out of date over time and the court often deals with fresh applications to adjust orders to new living circumstances. Families needs, and the circumstances of parents and children change over time so it is very often the case that parenting arrangements change and fresh orders need to be sought. For this reason you should not assume the court would look dimly on your making an application for orders that more sensibly reflect the arrangements that have evolved since the original orders were made. No doubt it would be best if you and your ex could simply negotiate satisfactory informal arrangements, but if this is proving impossible because the mother keeps manipulating the situation, reapplying to the court is appropriate. Before the court would hear a new application you will likely need to attempt a fresh round of formal mediation in any event, but failing that, your choices will be to put up with your ex's behaviour and whims or seek fresh orders from the court.
I trust this assists.
Please rate my answer.
Patrick

Answer 3

Solicitor: Patrick H., Lawyer replied 8 years ago

A recovery order is appropriate if she is denying you access in accordance with the previous orders. This can be a relatively straight forward application which can be dealt with fairly quickly.
A separate application can be made to order her to return the children to the area as required by any previous order preventing relocation, but that can be a more difficult process if she has already relocated.
In either case, the sooner you act to enforce the courts previous orders the better, as the court will look less favourably on your application if there is undue delay in making such an application.
Please rate my answer.
Patrick

hi, i have a family court order in place that gives me access…

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