NSW Family Court Orders - Pick-up and Drop Off of Children Issue with Ex?

[harrymooch]

Hello

Around three years ago, my ex-husband and I had Family Court Orders detailing drop off and collection of our children, which was a location two hours from me, as it was half way to where he was living at the time.

He then moved to the town we live in, and for the last three years he has collected the children from school, and I have collected them from him, with minimal driving time as he was close by. He has now moved back to the original town, and wants to recommence those previous orders, so all of a sudden I have to drive two x four hour round trips every third weekend. I now have two more children since those orders, and a new husband and family commitments with my new family.

Can he just revert back? Am I locked in? Or can I stand my ground due to the pattern of the last three years and ask him to pick up the children here, as he has been?

Thank you.

 

[sammy01]

I think the orders will stand. Most orders say something about a location or some alternative by mutual agreement. So you've mutually agreed for him to pick up from school and now there isn't a mutual agreement, so the default applies.

Look at it this way - the time he lived near you, he saved you time. You cant really argue that you only had the other kids and got married because the ex had moved closer and you would not have done that if you thought you were gonna have to drive more. True.

 

[harrymooch]

Ok, I see, thank you. So the 'new' kids commitments aren't a consideration?

 

[AllForHer]

You might be able to argue to get the current orders changed under Rice & Asplund, but I can't say with any certainty it would be successful, particularly since you're banking on your younger kids to determine what's best for your older kid. Sammy is right - the current orders will stand. Even agreement does not change it unless the agreement is a parenting plan.