NSW Family Law - Getting Parenting Orders Changed After Years?

[Confused2017]

What are the chances of a parenting order being changed after they have been in place for a few years?

Father has sole parental responsibility of his child. The mother had stopped attending visits and spending allocated time with the child during the court process, however, has showed up to court on the final day and consented to orders stating time "as agreed".

Basically, how likely is a family law judge to grant time to a parent who was absent of their own accord, can't take responsibility for the absence, had allegations of neglect and drug abuse in the first instance of court and has provided nothing more than text messages to the child's life.

 

[AllForHer]

This is tricky.

In most circumstances, an order will only be changed if the party can first meet the Rice & Asplund threshold, meaning they have to show there's been a significant change in circumstances, such that the current orders are no longer in the child's best interests.

However, if the child isn't seeing mum at all, it might be a bit more lenient, particularly if mum shows she wants to step up to the plate.

What kind of time has taken place as part of the 'as agreed' portion of the order? Has she asked for time?

 

[sammy01]

so I'm assuming you're the dad?

Why bother? Why waste money to get a few bits of paper that say the kid lives with you...? Those bits of paper will be a lot of work to get and they will say the kid lives with you, but you already knew that

 

[MartyK]

What are the chances of a parenting order being changed after they have been in place for a few years?

Father has sole parental responsibility of his child. The mother had stopped attending visits and spending allocated time with the child during the court process, however showed up to court on the final day and consented to orders stating time "as agreed".

Basically, how likely is a judge to grant time to a parent who was absent of their own accord, can't take responsibility for the absence, had allegations of neglect and drug abuse in the first instance of court and has provided nothing more than text messages to the child's life.

My view, not impossible, but highly unlikely.

Usually, if a parent is granted Sole Parental Responsibility of the child/ren, there is a reason behind this.

Furthermore, abandonment, or the irregular presence of a parent (not referring to parents who have limited opportunities to spend time with their children, for whatever reason, but want to) depending on the entire circumstances, can easily be viewed as a form of child neglect and/or psychologically/emotionally abusive (of the child) and, again, depending on the circumstances, would be able to be argued accordingly.

 

[Hayder Shkara]

In most circumstances, an order will only be changed if the party can first meet the Rice & Asplund threshold

This is the first test that has to be passed. It's not the highest threshold, but the parent has to prove first that there has been a significant change in circumstances before previous orders can be altered.

In other words, yes there's potential for orders to be changed. But it's not that easy.

 

[MartyK]

No disagreement re: R&A threshold.

I am not certain of the circumstances of why you are asking Confused2017, but to add, for clarity sake (yours).

Should an application to vary the existing orders be made to the Court, it will be a matter of Judicial discretion as to whether or not the Judge elects to determine if the application meets the R&A threshold as either a preliminary issue (may be summarily dismissed) or by way of a contested hearing. The latter offering no guarantee of variation either.

 

[Confused2017]

I am connected to the mother in a professional sense. Without going into too many details, felt it best not to lean either way for an objective opinion.

The mother hasn't seen the child in 2 years, however some part of this was time she was entitled to but stopped taking, not sure why did not know her at this point and she is unable to explain. She has been sending text messages about once every two months for a few months now requesting time.

The father stated his worries about her reintroduction given the length of absence, which were ignored until now that it has been pointed out that they may be advisable to follow up on these concerns as they aren't unreasonable given the absence.

She has asked for time, but given it may take some time to meet the fathers criteria she is anxious to have court orders looked at again . There is hostility between the parties and a further court order that leaves her without time may cause further issues so she just wants to know what other people think of her chances, when she's deciding weather to lodge or to continue trying to address the issues raised.

 

[AllForHer]

How old was the child when orders were made?

How old is the child now?

 

[Confused2017]

He was about 1 and a half when the orders were made, and he will be 4 in December.

The last time she had contact with her son he was just on one year old.

 

[MartyK]

I am connected to the mother in a professional sense. Without going into too many details, felt it best not to lean either way for an objective opinion.

The mother hasn't seen the child in 2 years, however some part of this was time she was entitled to but stopped taking, not sure why did not know her at this point and she is unable to explain. She has been sending text messages about once every two months for a few months now requesting time. The father stated his worries about her reintroduction given the length of absence, which were ignored until now that it has been pointed out that they may be advisable to follow up on these concerns as they aren't unreasonable given the absence.

She has asked for time, but given it may take some time to meet the fathers criteria she is anxious to have court orders looked at again . There is hostility between the parties and a further court order that leaves her without time may cause further issues so she just wants to know what other people think of her chances, when she's deciding weather to lodge or to continue trying to address the issues raised.

Honestly, while I see a lot of value in seeking options, or opinions from members of public forums, I think in this case, the mother would be much better off getting more personalised legal advice. Good luck!