QLD How Old can Child Choose to Have Extra Days?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Kay Cee

Member
16 August 2017
2
0
1
Hello.

My step son has asked us and his mother to spend extra nights a week with us. He is 13 but his mum says no. We currently get every second Friday 5pm to Sunday 5pm and every Tuesday 5pm to school drop off. The younger kids (9 & 6) have also asked repeatedly to stay Sunday nights of their weekend with us. We have asked their mother and have been repeatedly told no.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Do you have court orders? If so, how old?

So you know - once you guys have more than 35% care over a year the dynamics change for family tax and child support, she gets less $$$. So 5 a fortnight and half holidays is 38%.... give or take. A court will consider the wishes of a 12-year-old... As they get older their opinion is given more gravity.

Organise mediation. She won't agree. But try... Then apply to court. You can self-represent and it won't cost all that much... Every chance she will agree before it goes to a final hearing anyways.

is 50/50 a possibility? Why not go for that?
 

Kay Cee

Member
16 August 2017
2
0
1
We have an order that is 2 years old. We have a lawyer atm, as we are still doing financials. We asked for 50/50 when we went two years ago but the kids were interviewed by a councellor and the report came back full of lies.

Mum had coached them all the way to the interview where they asked mum questions and then asked the questions to the kids based on her questions and then interviewed dad afterwards. Kids missed two days of school for this and the little ones were only in there for 5 minutes together where they were asked did they think of our house as home (we had just moved in so obviously it was no as mum still lives in the house).

We're told if we wanted to take it further, it would be more interviews for the kids and as they were so upset we didn't want to do this. Lawyer was not really in our corner at all our new lawyer says the orders are crap.

We believe the fact she will lose $$$ is the reason that she has said no. She works 8 hours a week and gets more than my husband in mothers benefits from the government. We don't have to pay Child Support as she earns more but we pay for 1/2 of everything plus a $50 meat order a week. SS13 wants to spend more time with dad but she is blocking him.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
A $50 meat order for your partner's ex-wife?
 
  • Like
Reactions: Corinne

Corinne

Well-Known Member
31 October 2015
117
5
389
My partner's son is already requesting extra days and he's only 6 and a half. He's recently learnt to count at school and says two days out of 14 isn't fair. Will be a long road ahead.

I wish you luck! Surely in a couple more years at least your step son should just be able to stay at dad's whenever he wants. You'd think..