Existing parenting orders can be varied, but the starting point (from the case of Rice v Asplund) is that a court won't reopen parenting arrangements unless there has been a significant change in circumstances since the order was made. Moving back into town, securing stable housing near the children's schools, and re-establishing regular time with them after a period of restricted contact would likely be capable of meeting that threshold, particularly combined with the girls' own wishes.
On the question of the children's wishes, courts do give increasing weight to a child's views as they get older and more mature, but a teenager's stated preference is one factor among many, not a determinative one. It's also worth knowing that even where older children informally spend more time with one parent than an order provides for, having a workable, current order still matters for practical issues like schools, travel and Centrelink or child support purposes.
Splitting the parenting order from the property side of things is a reasonable strategy, and mediation through Relationships Australia is a sensible first step given the family violence order history, though the process may need to accommodate that dynamic carefully. If mediation doesn't resolve things, court proceedings remain an option, but given the complexity of the IVO history and the substantial property pool, getting advice early on both fronts will help you plan your approach. A specialist in child custody and living arrangements can help you assess whether your circumstances support varying the current order.
Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.
On the question of the children's wishes, courts do give increasing weight to a child's views as they get older and more mature, but a teenager's stated preference is one factor among many, not a determinative one. It's also worth knowing that even where older children informally spend more time with one parent than an order provides for, having a workable, current order still matters for practical issues like schools, travel and Centrelink or child support purposes.
Splitting the parenting order from the property side of things is a reasonable strategy, and mediation through Relationships Australia is a sensible first step given the family violence order history, though the process may need to accommodate that dynamic carefully. If mediation doesn't resolve things, court proceedings remain an option, but given the complexity of the IVO history and the substantial property pool, getting advice early on both fronts will help you plan your approach. A specialist in child custody and living arrangements can help you assess whether your circumstances support varying the current order.
Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.
