QLD Court order question - Is a temporary change possible?

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Squid

Member
18 July 2022
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0
1
Wondering if there is a process to apply for a temporary change to court orders, ensuring the current court orders are returned to?

Situation: Husband has court ordered time with his 3 sons every second weekend. Husband and I have recently married and wish to take an overseas honeymoon greater than 2 weeks. Judging by past conversations about court orders, Husbands ex-wife will not agree to a temporary change - so this hasn't been entertained. What options do we have that doesn't revolve around reaching an agreement with ex-wife via mediation? There is no current order that caters for such an event.

The care arrangement is working perfectly otherwise, so want to avoid opening up discussions about possible changes unrelated to the temporary change post honeymoon. I am hoping we don't have to wait 10 years until the youngest is 18 until we can get a decent honeymoon booked. Any advice appreciated.

Much to my disagreement, Husband has advised he would entertain the idea of breaching the court orders in a worst case scenario. What consequences would this open himself up to? Is a couple weeks/months of breach grounds for a change in orders? Is there a grace period? What considerations should I ensure he works through if he wishes to pursue this line?
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
ok, so the primary carer has an obligation to comply with the orders. Call child support and ask them how they'd deal with such a situation. Their answer wil be they will see it as a one off change and they won't care two hoots.
My advice - write to the ex.
Dear ex,
I will be unavailable to supervise the children from XXX until XXXX. I'm happy to negotiate make up time if that is something you would like to consider.

If you go on your honeymoon and when you get back she refuses to give access, then you're gonna need a solicitor to deal with it.