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WA Family Court Orders Broken by Both Parties- What Now?

Discussion in 'Family Law Forum' started by Simchar, 27 February 2015.

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  1. Simchar

    Simchar Member

    27 February 2015
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    Current parenting orders ( family court orders), signed of in the Courts March 2013, in regards to 2 children (7 and 10 years old) state that they live with the mother 65% and the father 35% of the time.

    Approximately 6 weeks ago, the older of the children stated she did not want to go home and wanted to live with father and attend school etc.

    A discussion was held between the child and both parents and it was agreed at this time, that she would live with father and that each child would spend alternate weekends in the care of each of the parents and that the logistics of anything else would be determined through discussion via email and mediation.

    The mother has delayed mediation and will not discuss anything and is now wanting to withhold the second child from access. She is also now saying that if the father does not do as she says she will just revert to the original orders and take the older child back and if he doesn't allow this she will get recovery orders.

    Every time the child goes back to the mother's now, the father and the child are on edge as they do not know if mother will change her mind. Said child has been enrolled in school, made new friends and is very happy in the new living arrangement but still wants to see mother and sisters on weekends.

    My question is seeing as the mother has agreed (confirmation is in writing from mother confirming the above in emails) can she now just say well we will revert to the old orders or technically are the old orders void until such time as mediation is attended and new orders to reflect current situation are made?

    Hope this makes sense and is enough to give a clear answer.

    Thanks in advance
  2. Amanda E

    Amanda E Well-Known Member

    9 April 2014
    Likes Received:
    Have a read of the WA Legal Aid page Children and parenting -Parenting orders - breaches - Also, it sets out that a "parenting plan made after that date [of the parenting orders] will vary (change) those parenting orders in relation to the same issues. The only time that a parenting plan will not vary parenting orders is where the Family Court specifically states in the parenting orders that a parenting plan cannot vary the parenting orders."

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