QLD Family Court - Responding to an Initiating Application for Parenting Orders?

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AJ17

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2 April 2017
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I have a six-year-old son - The father and I agreed 3 years ago at mediation that our son would spend 5 nights a fortnight with him and 9 nights a fortnight with me. The father has 7 days a fortnight, and the majority of time on 3 of the 4 weekend days each fortnight.

Over the last 12 months the father has been insisting that we change the arrangement to 7 nights each per fortnight, and has been constantly telling me that he will get orders from the court as it is his right to do so.

My son spends most school nights with me and he is happy and doing well at school - I see no benefit to change the agreed arrangement and I think it is in my sons best interests that we keep it as is.

Mid last year The father prepared consent orders and I did not agree to sign as I didn't agree with them. I put my concerns in writing, and offered to increase the fathers nights from 5 to 6 nights in the near future but he refused to discuss or consider this.

He is refusing to agree for my son to come away on a 2 week holidays with me overseas and says he will flag his passport. I have been told this can only be done with a Court order

The father does not work and seems to enjoy stressing me with this.

I am getting tired of the constant threat of family court action and arguing about taking my son overseas for a two week holiday so am now considering initiating an application for the court to make our current arrangement as a final order.

Am I better to initiate an application to keep things as they are or wait for his papers and respond to his application.

Is it normal that fathers get 7 nights "as of right" as this is what he keeps insisting.

Any thoughts would be appreciated.
 

AllForHer

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23 July 2014
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I have a six-year-old son - The father and I agreed 3 years ago at mediation that our son would spend 5 nights a fortnight with him and 9 nights a fortnight with me. The father has 7 days a fortnight, and the majority of time on 3 of the 4 weekend days each fortnight.

What does this mean? Has the father been caring for the child for seven nights a fortnight and three out of four weekend days a fortnight?
 

sammy01

Well-Known Member
27 September 2015
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So dad has 5 nights a fortnight but 7 days? That agreement was made 3 years ago when the child was 3? Seems reasonable that dad's time with child increases as the child gets older. Now given the kid already spends 7 days with dad? Or have I misunderstood? Why not let the kid do 7 nights as well?

Is it normal for dad to get 7 nights as a right? Nope - but is it a right that you have to tell him his time can't increase?

Here is a thought - what if he has 9 nights and you have 5? What right do you have to refuse?

Let him keep threatening you with court... But if he is having 7 days, his chances of getting 7 nights seems reasonable. Also - you'll agree to 6 nights but not 7? Sorry seems like you wanna exercise your 'right' to determine how much time he sees the kid.... Seems a bit rough though.

My thoughts - agree to 50/50. It would appear the only reason you have for refusing is because you only want him to have 6?

As far as holidays go. I'd suggest agreeing to 50/50 as that is what dad wants. And ask for him to agree to the holiday - reasonable compromise....
 

AllForHer

Well-Known Member
23 July 2014
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I agree with the above. If you are sick of the threats to take you to Court, then agree to 50/50. Nobody can predict what a Court would decide, but if you are open to six nights and not seven, I would say you're going to have a lot of difficulty arguing against an equal care arrangement.
 

MartyK

Well-Known Member
4 June 2016
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Am I better to initiate an application to keep things as they are or wait for his papers and respond to his application.

There is really no point in you initiating proceedings if you want the current agreed arrangements to remain as they are.

AJ17 said:
Is it normal that fathers get 7 nights "as of right" as this is what he keeps insisting.

No, not as a "right".

Although, if there is an order made for the parties to have equal shared parental responsibility then the Court when determining 'time' arrangements must consider if it would be in the best interests of the children, and, if it would be reasonably practicable. The requirement to meet both was affirmed in the High Court decision of MRR v GR.

Legislation - FAMILY LAW ACT 1975 - SECT 65DAA Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances