QLD Breaching and Voiding of Family Court Orders?

[Miss.Kara]

Hi there,


I’m just after any information if anyone can assist, please. I’ve just outlined point note facts below as it is pretty simple.

• I'm a single mum whose ex left 13 years ago
  
  
• My son who is now 14 and 6 moths has always lived with me since my ex left
  
  
• My son has spent 6 pm Friday – 4 pm Sunday every 2nd weekend with his dad, along with half of school holidays
  
  
• Since the separation, the ex-moved 2.5 hours away
  
  
• He (or his brothers who live about 40 minutes away) pick our son up on a Friday at 6 pm.
  
  
• I do the 5-hour return trip every fortnight on Sunday to collect him.
  
  
• Son has recently shown interest in a sport outside of school and we asked his dad if it was ok that he did it as games would be on a Friday or Saturday night – he agreed
  
  
• The season hasn’t even started yet and his dad has said (to our son, not to me) that he will just get him on Saturday at some point – even though Court Order states Friday 6 pm access
  
  
• Am I breaching the family court orders if my son doesn’t go on a Saturday when it’s convenient for my ex if it isn’t convenient for plans that I have made in advance (why should I change my arrangements to suit my ex?) and I’m not being selfish, I would and have done anything and everything for our son with no support from his dad, however, I don’t believe I need to work around my ex’s timetable when there are family court orders in place that has been consistent for the past 13 years.
  
  
• I would have thought his dad should still pick him up on a Friday night and perhaps watch him play basketball given this is something our son was quite keen to do and wants to continue with.

In addition to this, he owns a business, claims he earns less than the self-support amount which is not true and doesn’t pay a cent of child support – which I don’t mind. It’s not the money that concerns me, it’s the principal in taking responsibility for your son and taking an interest in this life. It’s a constant battle and is suddenly getting worse.

Also, just any thoughts on what actually happens with the court orders when our son obtains a job and things have to change. Do you need to get it redone then or does it just become kind of void?


Any thoughts, ideas, experiences, opinions are welcomed.

Thank you so much.

 

[sammy01]

Do the court orders say the kid can play sports on Saturdays? Nope, they say kid sees dad from Friday. I think it is reasonable that dad is saying, "Ok kid, you wanna play footy? Cool."

The dad could say, "No Footy" because the kid has to visit dad...

So it is all about compromise. BTW you're not changing your plans to suit your ex... You're changing your plans to suit your kid's desire to play sports.

So what is wrong with just dropping the kid off after the game on Saturday?

As far as the court orders go, you can agree to change them, and just have a happy life, or you can fight it out in court again.

 

[Miss.Kara]

Hi There

Thanks for your reply.

I do see your point. However, there isn't anything wrong with allowing him to go to his dad's on Saturday. That's not the issue. The issue is that the court orders haven't changed in the past 13 years and why all of a sudden can they change because his dad decides they don't suit him?

Sometimes him collecting our son on a Saturday won't suit us as we might be away or out, but I can't just change arrangements because of what I want.

What's the point in having an order if one parent disregards it and does what they want anyway?

I do appreciate your response, thank you. I'll get legal advice.

 

[sammy01]

OK, help me out here.

Is the reason for the change because dad doesn't want to have the kid on Friday? Or is the reason because the kid wants to play sport on Saturday?

Easy fix - find a sport that is on Tuesday and doesn't affect the kid's time with dad. But I don't think it is about one parent disregarding the court orders. It is about changing circumstances. The kid is 13, right? So what if he wanted to go live with dad?

I'd encourage you not to get legal advice - just look for a compromise. Be willing to give a little. Giving a little compromise is s**t load cheaper than giving money to a solicitor. Or tell your kid he can't play a team sport because he has to go see his dad. Nope, don't do that. It is just making dad the bad guy.

 

[AllForHer]

Honestly, approach this with some degree of flexibility. The court doesn't like making orders at all for parenting, and it likes it even less when parents act like they need the orders to tell them how to parent properly. Use common sense, be flexible, avoid court.