NSW Custody of Children - Experiences with Child Dispute Conference?

[Vinnie]

I will have a child dispute conference in December. Anyone have any experience on the same issue? Please share. I try to have 50% custody of children. It means the child stays 1 week with my partner and 1 week with me.

Thanks.

 

[sammy01]

What is currently happening? Look, mediation is a chance to get an agreement. If one person doesn't want to agree then it won't happen. I'm assuming you don't currently have the kids the majority of the time? If that is the case, then if the other parent won't agree then the court is the only option.

 

[AllForHer]

Family dispute resolution is an opportunity for you and your former spouse to try and negotiate care arrangements for the child/ren amicably and without court intervention. If you agree about the care arrangements, you can create and sign a parenting plan, which is an agreement between the parties about those care arrangements, but is not enforceable at law. However, you can then apply to have the plan sealed by the court as consent orders, which makes it legally enforceable and the court can hold either party accountable should they contravene the orders.

Consider what the existing care arrangements are, what you would like them to be, and what concessions you are willing to make in order to reach an agreement. If the current arrangement is week-about, then that should continue. If the current arrangements are mostly with the other parent and alternate weekends with you, and you would like them to be 50/50, then you could consider a gradual increase in the time spent with arrangements to reach 50/50 in a few months time.

Have a few options open, but if there's anything sought that you don't agree with, don't sign the parenting plan. Wait and decide outside of the conference what your options are.

If you wish, you can have a legal representative present so they can ensure everything is legally square on your behalf. If you're unable to reach an agreement, then you may file for parenting orders through the court.

 

[Vinnie]

We were in court and we have an interim order. I have an alternate weekend only. My ex-spouse currently has all weekdays and alternate weekend. It is not fair as I had every weekend before we were in the court. I mean I should be granted for 4-5 weekdays for every two weeks.

I requested a child dispute conference, and the judge really wanted to see the report from the conference. What I really want here is how and what I should present and talk to the family consultant.

Thanks.

 

[sammy01]

As far as family consultant goes - look, focus on what a great parent you are. Tell consultant about the things you do with the kids. Unless the ex is a drug addict who leaves the kids to go get the drugs, etc then don't bother bad mouthing the ex. The family consultant wants to see that you can co-parent with the ex so wants to see that you're prepared to compromise.

I reckon the best thing is to say that on the whole you agree with the ex about parenting styles...

I think the other one to chick in is that if there is a conflict right now then admit to it... But suggest that you reckon the conflict is caused because of disagreement about the time each of you wants to spend and the arrangements around that and that you reckon that will dissipate once the court stuff gets finalised...