My husband's ex has sole custody of children, which he unfortunately signed 2 years ago after pressure from the ex's lawyer during a bad time, living interstate, and limited income, so no representation. He moved back one year ago and unofficially sees the children overnight on weekends for a total of 20 hours, and half of all school holidays (sometimes- she occasionally says no).
He pays full child support and half of all school and sport-related fees, as well as other costs in cash as she requests. The children consistently ask for more time with him and the eldest has asked to live with us repeatedly, asking when he can legally choose to be with us. He has been asking to live with his father for years but now he is almost 12.
Can anyone suggest how we can get more time? The issue for my husband is that if he doesn't give the extra money or agree to everything she demands (ie she dictates the kids' bedtimes to us and when they have to shower, etc) and if we don't do exactly as she says, he doesn't see them... (I have two children of my own and can attest that he doesn't need to be told how to parent).
Anyway can we revisit the family court orders to get joint or more custody? Can the oldest spend more time with us and if so, how do we get the court to hear his request?
I personally don't want to take him from his mother or brother full-time but more time, ie 50/50, would be nice for him and us. Also, what about the brother who is two years younger? How would the court look at that sort of separation, ie would we have to wait until they are both over 12?
We are beginning to see some issues with the older one in terms of his home life so we want to act sooner.
Thank you!
He pays full child support and half of all school and sport-related fees, as well as other costs in cash as she requests. The children consistently ask for more time with him and the eldest has asked to live with us repeatedly, asking when he can legally choose to be with us. He has been asking to live with his father for years but now he is almost 12.
Can anyone suggest how we can get more time? The issue for my husband is that if he doesn't give the extra money or agree to everything she demands (ie she dictates the kids' bedtimes to us and when they have to shower, etc) and if we don't do exactly as she says, he doesn't see them... (I have two children of my own and can attest that he doesn't need to be told how to parent).
Anyway can we revisit the family court orders to get joint or more custody? Can the oldest spend more time with us and if so, how do we get the court to hear his request?
I personally don't want to take him from his mother or brother full-time but more time, ie 50/50, would be nice for him and us. Also, what about the brother who is two years younger? How would the court look at that sort of separation, ie would we have to wait until they are both over 12?
We are beginning to see some issues with the older one in terms of his home life so we want to act sooner.
Thank you!