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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44203
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Alex, I have two children currently in a mutual split custody

Customer Question

Hi Alex, I have two children currently in a mutual split custody agreement (no orders).
I have recently suggested to my ex husband that I would like to take up the opportunity to travel overseas for 12 weeks and that I want to ensure that I maintain equal share. To do that I suggested that I have them for 6 weeks prior to my departure (allowing him any reasonable visitation during this time), leave for 12 and return having them again solely for 6 weeks (again allowing any time he may request).
The reason for my desire to suggest this is because I have recently become engaged and my partner lives in Chicago, we both want to build a relationship and my current housing situation will allow me to rent my apartment out short term for 12 weeks. I simply couldn't afford to without working otherwise. I also have the opportunity to learn from mentors in my current trade and hope to spend this time furthering my study online. The financial respite of not paying rent during this period would allow me to do this.
My children's father flat out declined. Gave no reason other than its not in the children's best interest. They are 8 and 5.5 years old. I understand how this may have little impact on their lives but the further education of myself (not afforded without "time out") I believe certainly would.
I'd love to know what sort of temporary orders I could seek to consider this course.
Alicia Jane
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Evening, 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.Have you had mediation?What has your ex husband said?
Customer: replied 2 years ago.
Hi Leon,
We have previously had mediation regarding property and child matters but not regarding this matter in particular.
Customer: replied 2 years ago.
He said that it was not in the best interest of the children that they spend extended periods of time without him or me (although it's only 12 weeks). I believe he is just saying this so that he can still somehow control me. Because I asked exactly what length of time did he think was in te best interest of the kids and he said none. I've suggested mediation and he said not to bother and go straight to court.
Expert:  Leon replied 2 years ago.
Good Morning,
He cannot go to court without the mediation.
When is the trip scheduled for?
Would he be happy if you did not want extra time before and after and you simply did not spend time with them while you were away and the arrangement to continues as it was when you return?
What you are seeking may be a huge upheaval for them and the court may not grant the orders if they do not believe it is in their best interests. During the trip you can have Skype contact and telephone contact. I am only making this suggestion because I think going to court will be costly and protracted and you will not get a chance to go OS and it will not be good for the children.
Customer: replied 2 years ago.
Yes I did suggest in the last possible scenario that I go without taking the time before and after but this was also refused. I have not test scheduled the trip as it has all been dependant on the outcome of us coming to an agreement.You suggest that the courts may not rule favourably? What are the possible outcomes failing at mediation?
Expert:  Leon replied 2 years ago.
Good Morning, If you are happy for orders that you each have what you have and when you are away they live with their father and you have regular contract by phone and Skype the court should be happy with that. But you need to go to mediation and get the certificate that you cannot reach agreement before going to court. The court is interested in the best interests of the child not the parents. Here is some information on what they look at hope this makes sense and is of assistance. 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. RegardsLeon