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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44346
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I only asked to have a small part of child orders changed.

Customer Question

Hi I only asked to have a small part of child orders changed. Currently it says I can only go o/seas with daughter during school holidays but I cant afford this and work wont allow it as busiest time of yr. Court has a mention this tuesday but ex requested mediation and this is on mention. Is it better to adjourn (takes longer again) as judge will most likely adjourn w/out mediation or go and plead my case again. I dont feel mediation will work b/c it wont change that I cant go o/seas when court order says ..
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: qld
JA: Has anything been filed or reported?
Customer: There is a court order by consent until further notice
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know I guess if there is a chance the judge will make a decision tuesday or just adjourn for a mediation even when the mediation wont change the facts of my work needs.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 6 months ago.

Good Evening.

The mention is only to see where the matter is at. You tell the court that you will be attending mediation to see if you can resolve the matter, if you think that it can be resolved. If you believe it will not because you have tried before you tell the court that mediation is not going to work and give the reason.

The court will want you to go to conciliation which is a form of mediation with the court. If you ex agrees to that have the matter listed for conciliation.

If you reach an agreement with mediation then you can go back to court and lodge consent orders changing the current orders.

I hope this makes sense and is of assistance. if here is nothing further

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

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Regards

Leon