QLD divorce law, custody of children

Discussion in 'Family Law Forum' started by nic3113, 19 March 2019.

  1. nic3113

    nic3113 Active Member

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    hoping someone can answer this quick question...
    My husband has filed for divorce, in the application he states that he wants different care arrangements for the children to what we have agreed on. Our parenting plan is not current. I have a response ready, but would rather save the 400 filing fee. My question is can these requests he has on the application become an order if i don't respond to the application....TIA
     
  2. Tremaine

    Tremaine Well-Known Member

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    Not in a divorce application, no. To make a divorce decree, the registrar only needs to be satisfied that the marriage has broken down irretrievably as proven by at least 12 months of separation. The decree only states that you’re formally divorced, it does not provide any orders for children or property.

    If dad’s unhappy with current arrangements, he’s probably going to file an initiating application for parenting orders, but that will be processed in a matter separate to a divorce application.
     
  3. nic3113

    nic3113 Active Member

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    Thank you very much for your answer. I appreciate it.
     
  4. Rod

    Rod Lawyer
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    It is a little wider than quoted. The registrar/judge needs to know the kids will be looked after and that arrangements are in place for their care. Though the registrar/judge doesn't look into whether the arrangements have been agreed to by the parents.
     
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