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Custody of Children - Changes to Existing Family Court Orders?

Discussion in 'Family Law Forum' started by Judith, 26 June 2014.

  1. Judith

    Judith Active Member

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    I'm a mother of 3 who had family court orders put in place April, 2012. The children are living with the father full time ( custody of children) in the Northside of Brisbane and I have them every 2nd weekend on the Gold Coast.

    If I was to move back to the Northside of Brisbane to be closer to my 3 kids, am I able to go back to court and request changes to have 50% shared care?
     
  2. CathL

    CathL Well-Known Member

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    Hi Judith,
    Have a look at this LawAnswers Family Law Forum Post "Help with Child Access & Changing Family Law Court Order?".
    t seems that you could apply to the court to change your orders as long as you could show that there's been a significant change of circumstances that makes a change necessary - ie, you've moved back to the Northside of Brisbane.
    You might like to contact your local community legal centre or Women's Legal Services Centre for some more advice and practical support. Family Relationships also has an advice line.
    Hope that helps.
     
  3. Judith

    Judith Active Member

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    Thanks for the info
     
  4. Judith

    Judith Active Member

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    My eldest boy is 11yrs old this year..is he old enough to be heard in court about problems happening at fathers home (abuse etc by step mother) ?

    All 3 kids are complaining about being abused physically and verbally by the step mother on a regular basis!

    I have advised the children to report anything she does to the school immediately.
     
  5. CathL

    CathL Well-Known Member

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  6. Judith

    Judith Active Member

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    I was originally getting my solicitor to apply for a contravention order due to all previous breaches currently taking place and in the past. Eg no phone contact available in between visits-he won't answer the phone when I ring to speak with the kids.

    I want my 3 babies back with me ASAP as I am afraid for their safety, mental state.

    Should I still apply as above or should I apply to 'make changes to existing court orders'?

    Concerned mum of 3
     
  7. CathL

    CathL Well-Known Member

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    Hi Judith,
    Given that your family lawyer has a full understanding of your case history, then you should take their legal advice on board as a priority.
    If there are previous breaches and current breaches of the orders, then yes you could apply for a contravention order. I imagine your family lawyer will be able to assist relatively quickly with that.
    You also might find this LawAnswers post informative: "Family law advice. I am wanting to seek contravention orders".

    Keep us updated with how you progress.
     
  8. Judith

    Judith Active Member

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    The only thing I am getting disheartened by and frustrated with with my current family solicitor is how negative his views are concerning my outcome with all of this.

    He keeps saying that he can't guarantee any major changes happening if he takes on the case as he feels that the breaches committed are minor and needs to commit more to be held accountable?

    He is aware of the abuse allegations and everything that has happened and still has the same views?

    He said that the kids can't hold any grounds with anything they say cause of their ages?

    I feel like nobody is actually thinking in the best interest if the kids?

    Seems to be the fashion answer with other solicitors answers once asked the same question by my current husband (the children's new step dad).
     
  9. CathL

    CathL Well-Known Member

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    Hi Judith,
    While it may be your perception that your solicitor's view/legal advice is negative, I think its important to distinguish that your solicitor is being realistic and explaining the situation under the law and managing your expectations, which is what a solicitor should do - because there is no guarantee - the solicitor can't mind control the court to get you the exact outcome you want. The fact that the outcome is not what you want is for you to manage your negative feeling about that.

    Its not the fashion - its the reality of the family law legal system in Australia. However, if you're really not happy with your family lawyer, then let you could let them know you believe they should be more proactive with your case, or engage a different lawyer, just don't necessarily expect them to guarantee a different outcome. And I imagine you'd view it negatively if they pursued a line of action that wouldn't stand up and then cost you more money with no result - so there are two sides there in that they're not trying to rack up fees for no reason.
     
  10. Judith

    Judith Active Member

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    Thanks for the reply
     

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