LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Can Family Law Parenting Orders be Revoked?

Discussion in 'Family Law Forum' started by faraway, 11 April 2015.

  1. faraway

    faraway Member

    Joined:
    11 April 2015
    Messages:
    1
    Likes Received:
    0
    My husband and I are back together. We have been for 7 months and he wants me to tell the family court that we are not together and will not file to revoke family law parenting orders. What should I do?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Realistically, I understand his position - what happens if the relationship breaks down again? He would be looking to avoid further court proceedings in future, which is a logical way to address the risk and better for the kids.

    In any case, parenting orders are only parenting orders insofar as the parties can agree, so if you agree to deviate from the orders, either party is unlikely to be held in contravention.

    That also means that while ever you're in agreement, the current orders may be overruled by the both of you.

    If the father doesn't agree to suspending the orders though, I'm afraid you would need to apply to the court to have them suspended, which means further proceedings.

    Alternatively, you could suggest a parenting plan that reflects the current arrangements. In many circumstances, a parenting plan made after a parenting order will override the orders in terms of agreement, but they also are not legally binding, so neither party can be held in contravention.

    Hope this helps.
     
    Junior likes this.

Share This Page

Loading...