WA Family Court - What will Happen at Interim Hearing?

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Hoang Trang

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22 July 2016
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Her final orders are for me to have kids Friday, Saturday and Sunday nights and half holidays. And pick up kids from school Friday and drop back to school Monday morning.

I will proposed for handovers to occur at my business which is closer to hers then mine. This way kids have a break in between and as it's a family business they get to spend time with other family members before and after handovers.

We recently purchased a house so that each of my kids have their own rooms.
She rents and my kids have to share a room.

I wish to seek final orders for kids to spend time with her every weekend and half holidays. And handover to occur a half way point ( my business ) on Friday evenings and Sunday afternoons.

Or every alternative weekend if she wishes
I am a devoted father who works part time allowing me to care for my kids. School drop off and pick ups, after school activities, dinner, homework etc I have done for my step son and will do for my kids.
 

sammy01

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27 September 2015
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I think you'll get your interim orders...

Final orders to change primary care to you - Look given the history - maybe... but I would not bet either way on that one.
 

Hoang Trang

Well-Known Member
22 July 2016
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Thanks sammy.

I've read so many of your posts and appreciated your time and effort in answering. I'm sure there are a lot of fathers out there including me who have taken some comfort in your effort.

I'm really banking on my interim orders as I think she will give up the fight after. She doesn't have the resources to take it to trial. It's a mean and selfish thing to say but I'm only truly thinking what is the best interest of my kids. She is not a bad person or mother.

I will do everything I can to facilitate a good relationship between my self and for the sake of our kids
 

sammy01

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27 September 2015
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OK so you asked me about what would happen in court...Sadly, I reckon these kids have bounced around enough and as such a magistrate might be unlikely to change their primary residence again... That is why I said moving closer would get you a better chance at 50/50.

Now I also undertand that there is lots of strategy here. Ideally you would like the kids with you most of the time and you would like to achieve that without the stress of the whole court process.

Now, on that front really the horse has bolted as far as court goes - you should have refused her as much time after she left the kids... Oh well... So you're best bet is to do two things

1 - be nice - mate, after 3 years - my ex handed over the kids and left...

Despite all the crap - I continued to be nice. She tried to make a case that she had to leave and take the kids because I am such a mean and nasty person...but there was no evidence of it.

All she had was emails were I was nice as pie...

2 - Make her spend money - If you take it all the way to a final hearing she might throw in the towel before it gets to final hearing...
 
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MartyK

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4 June 2016
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At the first hearing the judge pretty much said for us to sort it out. So I signed to see see my kids.

I'm not surprised, given you withheld so she filed a recovery and then she withheld. You were both being as ridiculous as each other!

Huang Trang said:
I have since enroled my kids into another kindy which has classes on Monday, Tuesday and Wednesday so it won't interfere with the previous schedule.

Hold up. You have interim orders (by consent) providing for the children to live with mum and spend weekend time with you? You both continue to share parental responsibility? At which point did you think this was a good idea?

Regardless of which parent the Court decides the children should live with, which won't be before term begins, especially if you are only at interim stage, 2 1/2 hour travel time for the children would make shared care impracticable (and a very selfish option in my view).
 

Hoang Trang

Well-Known Member
22 July 2016
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I completely understand and realise how foolish I was. At mediation she proposed I enrol my kids into kindy that would not fall on her days. I was naive and selfish at the time. That is the reason why I have now enroled them into a new kindy outside those days.


She did pick them up 10am Thursdays and drop back 2:30pm Saturdays. Traffic is not congested at these times and I wish to continue with the same times at the interim stage.

Travel time is significantly shorten by this. And drop offs being half way allow for the kids to have break.
 

MartyK

Well-Known Member
4 June 2016
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The Final Orders you are both seeking are exact opposites? If I read correctly this would be child lives with one parent and spends time with the other parent EOW, from Friday (school pickup) until Monday (school drop off) and 1/2 holidays?

Reasonable orders given the distance. A negotiation point could be that if your orders are granted mum could have the kids for an additional weekend every 5 week period?

I realise you have said that you have recently bought a house with your new partner and that you are seeking for the children to live with you, but I do like sammy's suggestion of you looking at the possibilities of moving closer to the children. This would definitely make shared care more of a possibility and may significantly reduce any need, for either of you, to go to a final.

It is refreshing to hear a litigant speak nicely of the other side. All credit to you.
 

Hoang Trang

Well-Known Member
22 July 2016
151
14
414
The Final Orders you are both seeking are exact opposites? If I read correctly this would be child lives with one parent and spends time with the other parent EOW, from Friday (school pickup) until Monday (school drop off) and 1/2 holidays?

Reasonable orders given the distance. A negotiation point could be that if your orders are granted mum could have the kids for an additional weekend every 5 week period?

I realise you have said that you have recently bought a house with your new partner and that you are seeking for the children to live with you, but I do like sammy's suggestion of you looking at the possibilities of moving closer to the children. This would definitely make shared care more of a possibility and may significantly reduce any need, for either of you, to go to a final.

It is refreshing to hear a litigant speak nicely of the other side. All credit to you

Under the circumstances she's done the best she could. It's not easy to raise two kids on her own and without support. I'm very fortunate in that I have the full support of my partner and family. There's things I could of said and done differently that would not of lead me to the position I am in now.

We had a good relationship not long ago. Use to talk on the phone, FaceTime the kids and always send each other pictures of our kids. It's a terrible situation to be in now and my poor kids are in the middle. My kids best interest is all that matters now.
 

sammy01

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27 September 2015
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Yep, look we've all been there and lost sight of keeping kids as priority... So what is in the kids best interest... I think Marty had a good idea (kind of) why not hit her up for you having alternate weekends with an additional weekend thrown in once in a while.

Sorry mate but I think the horse has bolted as far as getting primary care as it would be another disruption for the kids. And 5 a fortnight ain't gonna work once the kids start school given the distance.... Maybe haggle for a bit more holiday time too.

Please don't take my advice - not without some serious thinking...but if you reckon you can get the parenting reversed then ignore me... If you think that ain't gonna happen then maybe your best strategy is to get as much time as you can
 

Hoang Trang

Well-Known Member
22 July 2016
151
14
414
Yep, look we've all been there and lost sight of keeping kids as priority... So what is in the kids best interest... I think Marty had a good idea (kind of) why not hit her up for you having alternate weekends with an additional weekend thrown in once in a while.

Sorry mate but I think the horse has bolted as far as getting primary care as it would be another disruption for the kids. And 5 a fortnight ain't gonna work once the kids start school given the distance.... Maybe haggle for a bit more holiday time too.

Please don't take my advice - not without some serious thinking...but if you reckon you can get the parenting reversed then ignore me... If you think that ain't gonna happen then maybe your best strategy is to get as much time as you can

Is the system really that unfair? Or am I still being naive? Withhold the kids and force the other parent to sign consent orders in a desperate bid to see them. Up root the kids and take them away from their primary carer and significant others?