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QLD Family Law Court Order - Does it Continue until Child is 13?

Discussion in 'Family Law Forum' started by shona, 16 July 2015.

  1. shona

    shona Active Member

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    If there is a family law court order for a child, does it continue once the child turns 13 or does it not continue?

    Thank you.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Parenting orders remain in force until the child turns 18. However, if the case were to appear before the court after the child is around 12 years of age, it would likely give significant weight to the child's opinion about their care arrangements and may order that the child spend time with the parents in accordance with his/her wishes.

    Hope this helps.
     
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  3. shona

    shona Active Member

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    Hi thank you
    What if the now 13 year old refuses to go to one parent due to the way he/she is treated by the other parent talking about abuse
    This parent has already be to court when child was younger for abuse and due to not having a record this parent was let off with a good behaviour bond
    Which is now over and has since threatened the teenager in concern
     
  4. AllForHer

    AllForHer Well-Known Member

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    Unfortunately, you do still have a duty to actively (not just passively) follow the orders, which means positively encouraging the child to spend time with the other parent. Speaking negatively of the other parent or implying the child has a choice about the matter is not considered positive encouragement to spend time with the other parent.

    If the court felt the other parent posed an unacceptable risk of harm to the child, it would have ordered supervised time or no time at all, and I daresay a domestic violence restraining order would have been granted. If the parents can't agree on care arrangements and then ask the court to decide their parenting decisions for them, that decision is taken out of both your hands and the child's.

    What you can do is invite the other parent to mediation (or family dispute resolution) to discuss reaching a new agreement by consent. You can do a child-inclusive conference whereby a child expert will speak to the child and determine their feelings about the matter so that information can be relayed to the parents, enabling them to consider the child's wants before making a decisions.

    If you still can't reach agreement, you can apply to the court, but the court will not amend final parenting orders unless the principles of Rice & Asplund are met, which are that circumstances have changed significantly in that the orders no longer meet the best interests of the child. It may be a case of the court ordering that the child spend time with the other parent in accordance with his wishes.
     
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  5. shona

    shona Active Member

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    Thank you
    How can I get information on the child inclusive expert
    Please thank you
     
  6. AllForHer

    AllForHer Well-Known Member

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  7. shona

    shona Active Member

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    Thank you I will do that
     
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