NSW Changing parenting plan

[af86]

Hi,

My ex wife and I went to mediation 2 years ago and got a parenting plan that was never turned into consent orders. We have been using it as a plan but she never sticks to it and now has refused me from seeing my daughter for nearly 3 months. A lot has changed in the 2 years and I don't like the old parenting plan as its not in the best interest of the children and I want them changed. Do we have to do mediation again to get a new parenting plan or can I write up a new one and get my lawyer to send them to her and we go from there?

Thanks - any advice will be great.

 

[AllForHer]

As you're aware, parenting plans aren't binding, they're just agreements between parents. If mum is withholding the kids, another parenting plan probably isn't your best option, since it may end up causing the same problems in another two years.

So, you might consider filing an initiating application with the Court for parenting orders instead, which will be binding.

You will have to attempt mediation again first so that you can get your s 60I certificate that allows you to file. They only last 12 months, so your last one will have expired.

 

[sammy01]

call relationships australia and organise mediation. Don't do it through your solicitor, it will cost lots. RElationships Australia is almost free.

Get solicitor to write to her inviting her to attend mediation and insisting that in the meantime you want the parenting plan re-instated and threatening court action if she doesn't play nice. Do this asap. The longer you leave it the worse it gets. You should also make sure you have some evidence - written communication between you and ex that shows that you have not agreeed to her actions.

 

[Blessing]

You can get a lawyer to write the proposed parenting plan and send to her, If you are lucky and she agrees probably best to turn it into consent orders.

If she doesn't agree, 2 years has passed since your mediation, you will need to attend organise another mediation, you can do this through relationship Australia or even legal aid and if that's not successful initiate proceedings with family court.