QLD Additional Time with Child - Changing Consent Orders?

[Isittrue]

G'day.

Just hoping to gauge the likelihood of a change in consent orders. Currently the father sees the child (9-year-old) half of every school holidays at the father's cost as the mother and father don't live in the same state. Father moved interstate for work.

Father is looking at initiating mediation to have consent orders changed where the child stays with him for all school holidays, excluding Christmas holidays which would remain halved with each half alternating in odd and even years. By doing this, it is just over three more weeks a year that he would have with the child.

Father would be OK with having the child fly the following Monday to give the mother the first weekend of each holidays with the child rather than no holidays at all other than Christmas. Also if the mother were to book holidays in advance where it would fall during the time with the father, he would be OK with forfeiting that time granted it was not a regular occurrence.

Consent orders have been in place for 9 months, where prior to this the child had been withheld for almost two years (by no fault of the father's). The father felt it best to start the visits slowly and in smaller doses, and now that the child has spent three sets of holidays with the father (two lots of one week and one lot of two weeks), both he and the child would like more time with each other.

Cheers.

 

[AllForHer]

To have the Court consider changing orders, you must first meet the Rice & Asplund threshold, which is where there has been a significant change in circumstances that warrants changing the orders.

Given the orders are only nine months old and the parents are still living in different states, it doesn't sound like the circumstances have changed at all. As such, your best bet is mediation or moving closer to the children.

 

[sammy01]

Forget court - your best bet is to ask mum. But by the sounds of things, that don't sound like a great option.

 

[Isittrue]

Cheers @AllForHer and @sammy01 for your answers.

Already received a referral to initiate mediation. You'd be right that the mother will not agree to anything. Hard pressed having any civil conversations and mother sticking to court orders, let alone a change in time spent with the child.

It's sad that after two years, what felt best at the time and was all the mother would agree on, cannot be easily changed despite it being in the child's best interests at the time to start slow. Moving is not an option at this point either due to the nature of the job at the moment. It will only be getting further away too as plans to move another state away in the next couple of years.

Is it possible to get a statement from school guidance officer, psychologist, psychiatrist, etc saying it would benefit the child to have more time with the father? Or still must be a significant change in circumstances?

 

[sammy01]

Courts sort their own independent experts so there is neutrality...

I also think you've got Buckley's anyways... Mate, I'm a bloke - kids live with me. Mum moved 7 hours away (gee, I love writing that). Mum moved 7 hours away - yep, I know wrote it twice, but it is good fun.

Anyways - mum gets half holidays, actually, she gets a bit more, I agreed for her to have all winter break. But to be honest, that is just so I can do two weeks in Bali on my own. But my ex wanted all holidays... I refused and told her to apply to court if she wants. The reason why she didn't is because she wouldn't get it...

Why?

Well mate - I do the school lunches, dr appointments, etc etc etc.

When holidays arrive I wanna spend some time enjoying the kids instead of yelling at them to get in the car to get to school etc. And I think the family courts have a similar opinion. Primary carer is entitled to holiday time too.

Mum moved 7 hours away. Sorry couldn't help myself.

 

[Isittrue]

Haha fair enough! Definitely understand what you're saying.

Might just see if in mediation a little bit more time during holidays is on the cards rather than majority. Maybe 3-4 additional days.

Cheers again for the reply.