WA As per his wishes

[Hershey]

okay i need an interpretation of this family court order (a) each alternate weekend from after school on Friday until 5:00pm on Sunday; and (b) such alternate or additional times as may be agreed from time to time,

 

[Atticus]

1) Are you the primary carer or the 'spends time with' parent
2) Is this an actual stamped Family Court order or just a proposal at this point

 

[Hershey]

I am the spend time parent, and it's an actual court order as at 12/12/2025. The Magistrate said although she is 100% sure that there is no risk in my care, the child is 15yo and therefore mature enough to spend time according to his wishes. The problem with this is I have seen my child only 2 times in the last year.

 

[Atticus]

Okay thanks..

The First point to make is that family court orders only apply to the parents not the children. Meaning, it compels each PARENT to abide by the orders ..... In the case of a primary carer, (PC) to make the child available to the other parent at the times specified, and the 'spends time with parent' ( STWP)to return the child to the primary carer at the times specified.

The orders say that the STWP is to have the child each alternate WE after school on Friday and return child to PC at 5PM on the Sunday... It's a little vague in that it doesn't specify pickup and drop off locations, what is to happen if child is not at school etc, but reasonably standard orders ...

When the clause "and (b) such alternate or additional times as may be agreed from time to time" is included it's meant to provide flexibility to the orders if the parents agree to do so. longer stay with the STWP to accommodate a trip away, birthdays and special occasions for example. If no times can be AGREED upon, the DEFAULT position is the first part of that clause, ie, after school till 5PM alternate weekends.

It's not clear if the magistrate is implying that the 15 YO should decide times spent, and then seek agreement from parents.

You say you have only seen the child twice in the last year, was that because the PC was not making the child available. If so, hopefully the orders will be enough to compel the PC to do so and the child is willing.

 

[Hershey]

I am the spend time parent, and it's an actual court order as at 12/12/2025. The Magistrate said although she is 100% sure that there is no risk in my care, the child is 15yo and therefore mature enough to spend time according to his wishes. The problem with this is I have seen my child only 2 times in the last year.

I am the spend time parent, and it's an actual court order as at 12/12/2025. The Magistrate said although she is 100% sure that there is no risk in my care, the child is 15yo and therefore mature enough to spend time according to his wishes. The problem with this is I have seen my child only 2 times in the last year.

This is my latest attempt to see my child after the latest court orders. Email sent to the mother on 13 December 2025.
"Just to let you know that I will be collecting ----- from school on Friday 19 December 2025 after school, in accordance with the orders made on 12 December 2025, being the alternate weekend arrangement from Friday after school until 5.00pm Sunday.
Please let me know if there are any practical matters around pickup that I should be aware of. I am happy to coordinate if needed."

This is the mothers response to the email.
"The orders made on 12 December 2025 provide for alternate weekends in accordance to -----’s wishes.
Consistent with those orders, ------ has indicated that he does not wish to spend this coming weekend away.
I will continue to encourage ------ to maintain a relationship with you, in accordance with the intent of the orders. I suggest that you contact ------ directly to speak with him about spending time together and to hear his views.
At this stage, there are no practical pickup arrangements to confirm for Friday 19 December 2025. If ------’s wishes change following your discussion with him, you can address the arrangements with him. "

 

[Atticus]

Based on what you’ve shared, the key issue is whether the orders give the child a veto, or whether the child’s wishes are something to be considered, not determinative. It would be RARE for a court to make orders that a child can veto.

Also one would think the intention of the orders must be to allow alternate weekends as a minimum, with alternate or additional times as may be agreed from time to time. What is the point of orders at all otherwise.
I think you may need to take the orders to a lawyer to ascertain exactly how these clauses are meant to be interpreted in the context of the child's wishes.

In the meantime, if you able to freely contact the child to discuss as suggested by the mother, that's probably all you can do

 

[Hershey]

Thanks for your response, unfortunately I am not in a position to pay for a lawyer. I did take the orders to the duty lawyer at the family court and she was so uninterested in me, her advise was that all time with my son was entirely 'as per his wishes'.