QLD Ex Wanting Parenting Orders Before Court Day - Thoughts?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Migz

Well-Known Member
20 November 2016
325
43
719
Hi All,

Just after some of you more experienced folk's thoughts.

The ex has just reached out knowing that the court day is coming up next week, and now all of a sudden she would like to put together some "parenting orders" after mediation being a complete flop and me reaching out to her at the end of last week (was like hitting a brick wall).

She is now worried that "we" will look like fools for not presenting to the Judge a couple of "parenting orders" that we agree on, which were my exact words to her last week. Yet still to date she hasn't come back to me with any that she actually agrees on...

So where too from here? Any ideas?

Cheers
 

Simon Pattison

Lawyer
LawConnect (LawTap) Verified
18 February 2017
7
2
34
QLD
lawtap.com
Hi Migz,

Its pretty common for parties to start to look to reach agreement as the court day approaches. It is always a bit scary that a Judge - a complete third party - is about to make decisions for you.

I'd suggest running with it. If nothing else it may save you some time at court as the Judge is likely to adjourn your matter to give you time to negotiate. Use it to obtain some of the orders you want.

Regards

Simon
 

Hayder Shkara

Lawyer
LawConnect (LawTap) Verified
16 January 2017
121
25
454
Sydney, NSW
www.neatlaw.com.au
What is supposed to happen at the next court date?

Very common for people to suddenly get anxiety before attending court. Most deals are actually done on the "steps of the courthouse" before you appear before the judge. This normally results in a more satisfying decision for all involved.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Give her a rough plan that is about 20% better than what you reckon the judge is gonna give you. She won't agree, and will come back with something similar to your proposal... Hopefully what she comes back with is something you can accept. If not, then go to court.

Us humans are funny things - it is all about appearing to win / be in control. She wants to be able to tell you when you'll see the kid and she doesn't want a judge telling her anything...

You have nothing to fear from court - she does...
 
  • Like
Reactions: Louise too

Migz

Well-Known Member
20 November 2016
325
43
719
Well, she got "served" today, so guess what - all bets are off...being the typical wolf in sheep's clothing that she is...she no longer wants to come to any agreements, in the interest of our daughter prior to court day. It would be absolutely brilliant if the Judge said on court day, "the Father is now the Primary Carer"...it would stop her in her tracks.

I know that is never going to happen but this is one case in which I wish it would happen.

Cheers
 

Migz

Well-Known Member
20 November 2016
325
43
719
3 Years On, I'll let you know at the end of this month...as a 3 Day Trial is supposed to take place, this case has dragged on way to long and at the detriment to the Daughter/Father relationship, 72 Contraventions, the Judge threw them out against the mother, the Fathers Application In A case was also thrown out by this Judge, 2 Family Reports Later, an now an ICL involved that is anything but Independent, 3 lots of mediation, all scuttled by the mother at the 11th hour, just another Legal Aid time wasting scam, anyway as they say, they day you walk away is the day you no longer fight for your kids...I haven't walked away...

Cheers
Migz
 

Louise too

Well-Known Member
28 November 2018
112
1
389
Oh no. That is long time !!
Any advice you can offer ?
All I want is to go from every Friday to Sunday arvo to every Thursday night and 2nd Friday after school to Monday drop off school and half school hols.
This is due to ex refusing to take kids back on most Sundays due to tiredness, too upset and going away on weekends etc. last school hols ex told kids they are not going back to mums. They staying with me cause I have not done settlement yet. The kids ended up going back to mums. But got kids to ask me to have them through the week again I said no cause I have to work and Mum told kids I was lying and I was not working. Etc etc etc.

Hence why I need this plan done, more important than settlement at this stage due to kids being upset all the time.