NSW Daughter's Rights to Change Original Family Court Orders?

[AllForHer]

It has nothing to do with who initiates mediation. It's about genuinely attempting to consult and reach agreement about a major long-term decision affecting the child before going to court. If you don't consult with the father before making this decision and instead just unilaterally change the care arrangement and contravene the orders, you're going to experience more difficulty defending an argument that the court should listen to the child's opinion and change the orders instead of just imposing a bond.

You don't know that the father has 'technically' breached anything. The original poster is silent as to whether the orders hold that care arrangements are to be 'by agreement and failing agreement as follows', and they are also silent as to whether there were restrictions on relocation.

Why should the poster initiate mediation instead of just unilaterally changing the care arrangements? Because under statue law, that's their obligation, both as a party to orders, and more importantly, as a parent.

 

[sammy01]

I have simply suggested that the poster need not initiate mediation if she doesn't want to. And to be perfectly clear on this one, I have never suggested that the original poster refuse to mediate and to initiate proceedings.


This is a forum. People come here looking for information and opinions from other people. My opinion about what to do is different from yours. It does not make my opinion any less valid that yours and the original poster can pick and choose whose opinion they prefer.


Have I said refuse to mediate? Nope, I've just said that wait for the father to initiate.... So our opinions are similar.

Oh and by the way you are absolutely wrong when you ask:
"Why should the poster initiate mediation instead of just unilaterally changing the care arrangements? Because under statue law, that's their obligation, both as a party to orders, and more importantly, as a parent."

It is true that there is an expectation to mediate, however, I think you are providing false information when you say that this parent has a legal obligation to initiate mediation" She does not have any obligation whatsoever to initiate mediation......

Have I said the courts will take into consideration the views of a 14 year old? Yes, and so have you...

The court might well look at the mother's behaviour as alienating and causing conflict. I think you're right. But there is also a very good case to argue that the father fought to get access, then chose not to fulfil that responsibility and has now decided that he would like that opportunity again.... And the court might view these inconsistencies as grounds to be conservative when deciding the best interests of the child. Now, of course, this is speculation... However, so was your suggestion about alienation....

Thanks

 

[AllForHer]

My first post to this thread was a suggestion that forum users:

- Share what the law says;
- Share what the court has said;
- Let them decide.

I apologise if my opinion about delivery made you feel sad. You don't have to comply, or even agree with it, it was merely a suggestion.

I have already given my law answer to the original poster, so I'm not going to speculate about it any further, but hopefully, they are feeling more informed than they were before they came to this forum.

 

[sammy01]

Yep, share what the law says - I shared that 12 is the age where the court will consider a child's view. This is factually correct. You shared that the mother had an obligation to 'initiate mediation' this is not what the law states. Please feel free to provide a reference.

Yep I agree, let's look at case law and what the courts have said in the past. But the intricacies of case law is complex and unlike other parts of law, Magistrates do not have the same obligation to make decisions based on precedence - read this
Best interests of the child

Nothing in there about family law magistrate's obligation to observe precedence. I especially like this bit: "Each family is different. It is important to remember that what is in one child's best interests might not be the same for another child".

I also agree we should let posters decide. So we mostly seem to agree.

 

[Tim W]

Guys, guys....

• Lawyers arguing openly is unseemly. If you must disagree,
  please feel free to observe the courtesies you have all been taught.
  
  
• Lawyers arguing in the open with lay people is unseemly.
  
  
• Lay people arguing among themselves on the open boards
  creates more heat than light.

And all of it scares and confuses the people we are trying to help!
Can well just relax a little, please?

 

[myangels1412]

Thank you both for your input, I appreciate all that you have said.

Yes, she is (and always has been) mature.

Yes we have had many discussions, even though that in itself is tricky without being told in the end I have lead her or persuaded her, however he refuses to speak to either of us and refuses to see her. The only contact all of us have had is via text messages (mostly between them). I have and always will actively encourage her relationship with her dad. However his lack to acknowledge her in all this.. well.. she sees it that again she doesn't matter to him. He wanted to move without regard to her, now he has decided to return and demanding he pick up where her left off when she was 10/11. She is not coming into that equation at all.

He is seems to be allowed to decide when he can come and go in her life and everyone else has to do what they are told. He can decide not to see his daughter half of every holidays ( except Christmas of course), then leave, return, and I'm the one who is breaking the law. Seriously?
And while everyone who sorts out who is entitled to what right, stressed, fighting, confused, feeling unwanted, rejected and not acknowledged. How is any of this in her interests?

In the meantime now I have more financial pressure to get this resolved, as if driving her to QLD at his whim wasn't enough for the last few years. And yes that means she misses out again... :-(

Thanks again

 

[myangels1412]

Update:

Thank you everyone for your input, it is appreciated.
We are no further ahead except that I have obtained legal advice. And we are still hoping her dad will have some conversation with us and things work out for all of us, especially our daughter.

This is a great forum, keep up the good work, the system can be stressful and confusing.