SA Disagreement on Parenting Schedule for Consent Orders?

[Annie48]

Hi,

The ex and I are having consent orders drawn up and we're having a disagreement about the parenting schedule. He would like the orders to say once a week and every other weekend but I'd like them to reflect the current situation which is a weekend a month. We already have holidays and special occasions sorted. Split happened in June and we have been co parenting amicably since.

* He lives in VIC and I live in SA with our 5-year-old child.

* He visits once a month to every 6 weeks on average.

* We are both originally from SA and all our extended family reside here. He takes his parenting time at his parents house.

It is not possible for him to visit more than once a month due to work and other commitments. He finds that even monthly visits are difficult to organise. He has admitted this.

* There is a possibility that he may move back to SA in the future. I doubt this will be for a while (years) as he has an excellent job and owns property (previously joint).

* My other concern is that because we have been doing monthly visits for so long that if he does move back to SA then I would like us to slowly work up to the once a week every second weekend schedule. For example, to start at every second week for a few months, etc..if he moves then I would be happy to review and change the orders so he gets more parenting time.

The only other important info is that I don't have a lawyer.

So I guess my question is, should the parenting orders reflect the current situation (foreseeable future) Or are they fine as they are?

We both want the situation resolved as quickly and amicably as possible.

Thank you.

 

[AllForHer]

If there is any disagreement about the longevity of the care arrangements, then neither of you should be signing consent orders at all.

Consent orders are nearly impossible to change in future, so from dad's perspective, he would be looking to protect future prospects of spending more time with the child in the event he does move back to South Australia.

However, if you agree to a proposal based on future prospects rather than existing arrangements, then you'd be opening yourself up for contravention proceedings if dad's actual time with the child is different to what the orders state.

So the answer is not to sign consent orders at all, but instead agree to a parenting plan with a notation that you will renegotiate it when circumstances change. A parenting plan isn't enforceable by the Court, but if you're co-parenting amicably, you shouldn't need it to be at this stage, anyway.

I would be very cautious about signing consent orders that you intend to change later. If things go sour, that will become a problem for both of you.

 

[sammy01]

If he moves closer to you then why not go 50/50 - if you look at the legislation you'll find that is the starting point in family law...

Why can't the orders say - in the event the father lives more than 150km away, then...

If the father lives less than 150km away then... (something different)