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QLD Family Court Orders - Possible to Make it More Flexible?

Discussion in 'Family Law Forum' started by Adam2100, 4 February 2016.

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  1. Adam2100

    Adam2100 Active Member

    3 November 2015
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    Is it possible to make family court orders more flexible, that could allow me to change days for special events or circumstances which I could not foresee? At the moment, my ex is not willing to adjust.

    Thank you in advance.
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    The orders are the law - simple. But they tend to have phrases like 'or by mutual agreement'. Is it worth going back to court to have them modified? Probably not, especially if they are final orders. Look give it time and often things settle down between ex's. That said, after a few years of trying, I've decided that I'm gonna stick to the orders because compromise seems to be a one-way street...
  3. Sweeney Todd

    Sweeney Todd Well-Known Member

    2 February 2016
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    It is possible, but not without going back to court and, at least in Victoria, the courts will only entertain the possibility of changing Final Orders if there is deemed a significant change to circumstances that merit alterations. There are no guidelines on what are deemed significant changes, however. Typically, changes to Final Orders would be made only if there have been repeated contraventions of the Orders by the other party. And even those can be difficult to prove in court.

    I would suggest discussing with a solicitor to have them draft a letter and send it to your ex, as these things carry a little more clout than your request/wishes alone.
  4. Cairnsdad

    Cairnsdad Active Member

    10 January 2016
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    The reality from my personal experience is yes, absolutely to your question.

    Don't be dissuaded if you really want and it is justifiable. Everyone on these forums has difference experiences but no one other than you knows your circumstances so when people tell you to avoid court and just concede etc aren't living in your shoes and, therefore, can never know just what you have faced. It is all too easy for the majority who have never experienced how cruel and vindictive ex's can be with denial of contact for special events to give opinions to let it go and hope someday she will be nicer. No disrespect to anyone of course.

    I had to have an emergency hearing to have my court order amended because my ex wouldn't let my son's attend the funeral or wake for their uncle whom they were extremely close and died in an accident unexpectedly because she flatly said it was not on a court mandated date for me to have them and refused to talk about it after saying no.

    At the end of the day, it is all up to whether you are willing to take the financial burden and the emotional burden and weigh that up to your circumstances. In some cases, it is worth it and in some it isn't but ultimately it is up to you because it is possible.
    Sweeney Todd likes this.

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