I am in the process of filing a parenting order. Meanwhile, my ex and I have had an arrangement (although not put in writing) that the children are with me for the weekends throughout the year and with her during the weekdays. Now, she is attempting to stop me from picking my children up at the start of the weekend. What can I do between now and when the parenting order is in place under Family Law?
WA Family Law - Ex Not Letting Me See Kids - What to Do?
- Thread starter NathanT
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When you say 'in the process of filing parenting' orders, do you mean she has signed them as consent orders? More details needed.
If she has signed the orders then I reckon you just get them submitted and then once they are returned, start dealing with it through the courts...
If she has signed the orders then I reckon you just get them submitted and then once they are returned, start dealing with it through the courts...
If she detains them when I pick them up from her place, then can I pick them up directly from school?
No, not a consent order. Mediation did not work for us as she would not agree to anything. I am going to have to wait for the judge to hand down a decision on this.
There are no rules or protections about parenting until there is an order in place, or a parenting plan signed by both parties, so can you pick them up from school? Yes, but is it going to lead to the children being exposed to a high conflict situation, such as the mother coming to your house and raging at the front door? If so, probably best to wait for the court to make interim orders.
What is the expected time frame between filing of the parenting order and having an interim order in place? Is it a matter of weeks, months or over a year?
Most judges make interim orders at first hearing, provided you've applied for them. First hearing is usually within six to eight weeks of filing. Use that time to continue trying to spend time with the kids - if you look like you're trying and the mother is refusing, it looks worse for her than it does for you. Remain civil, polite and calm so it doesn't spiral into harassment.
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