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Help with Child Access & Changing Family Law Court Order?

Discussion in 'Family Law Forum' started by Melissa L, 3 June 2014.

  1. Melissa L

    Melissa L Member

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    I have two sons who I have access and weekend stay overs with, however my 10 year old (11 in June 2014) doesn't want to live with his father and wishes to live with my partner and I. His father says he can't live with me (his mother) until he is 18. How old can a child be to make such a decision legally? There is a court order in place however there is nothing in there that answers this question. The father refuses to do shared care even though we live in the same town. What steps can I put into place here?
     
  2. rebeccag

    rebeccag Well-Known Member

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    G'day Melissa,

    Check out the Family Law Courts 'Applying to change an existing order' page and the 'Complying with orders about children' page. They provide some good information and take you through the steps to apply to change your existing order as it sounds like circumstances have changed and that your 10 year old has an opinion about what he wants - and the main consideration will be what is in his best interests. That consideration comes before any impact on either parent.

    All the best. Let us know how you go.
     
  3. Donna Bridges

    Donna Bridges Member

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    I need help. I have not seen my son in 20 months. He is 16 on the 3rd Sept. I was put threw so many lies and domestic violence was ignored in my case. I have change in my circumstances. I have a job my own business. I have had a phycologist write that I am sane. They are telling me it needs to be a change in circumstances of my son???
     
  4. rebeccag

    rebeccag Well-Known Member

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