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VIC Custody of Children - Family Court Order Out of Date?

Discussion in 'Family Law Forum' started by Maleny, 24 September 2015.

  1. Maleny

    Maleny Active Member

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    I have had a parenting order in place since my son was 3 years old. He is now thirteen. My ex-husband says now that he is thirteen, he can decide where he wants to live, and says the family court orders are "out of date" and that he will have custody of children and that my son will be living with him now. My son has been seeing his father every second weekend and half school holidays as per the family court orders.
     
  2. AllForHer

    AllForHer Well-Known Member

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    You haven't asked a question, so I'm going to assume you're asking if the father's assertions are correct.

    Parenting orders remain in place until the child turns 18, and unless by agreement or reasonable excuse, deviations from the order are contraventions, regardless of the child's age.

    However, rather than make a contravention order, the court may choose instead to amend the existing orders based on what's best for the child. Generally speaking, children of around 12 years of age are ordinarily deemed old enough and informed enough for their wishes about their care arrangements to be given weight by the court, and I assume this is what the father is banking on to justify his actions.

    Before orders are formally amended by the court, however, this is an incorrect interpretation, and the existing orders remain standing until formally changed, or the child turns 18.
     
  3. Maleny

    Maleny Active Member

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    Thank you all for her that has given more insight that I would not have known before, so thankyou, I will keep in touch with this web site :)
     

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