QLD How to Change Existing Family Court Orders?

[jaywalker08]

I have question regarding a Magellan Family Court matter. In a children's dispute back in 2010 I was able to get joint custody of my 3 children. Basically the trouble continued despite the order from the Magistrates Court and it was transferred to the Family Court.

To make a very long and hard story short, during this process the trouble and harassment continued outside the courtroom. I decided to let the mother have custody of children to spare them the manipulation, lies and arguments which I firmly believe would have continued despite whatever a court would have ruled. When I called my lawyer to inform him about my decision, he informed the other party and the court.

The order was made which stated that despite my decision I would have the opportunity to see my children at Family Relationship Centre Australia once a fortnight. A privilege I have not used. Now my daughter who is 15 has contacted me after 5 years, she is feeling terrible at home, the things she has told me are very concerning and stems from my ex wife's boyfriend. The mother is planning to break up with him and it has created a situation where I would like to be at my daughter's and sons side for support and protection.

My questions are:
1) I have read that if there is a general concern for the welfare of my children the court would accept contact as a valid reason?

2) Even if it is a Magellan Family Court matter, if the mother and I agreed on a new custody arrangement, would that be enough to lodge or do we have to go to court again?

3) What do you recommend me to do, to be able to be there for them in this time of need?

Thank you

 

[AllForHer]

If you and the mother reach an agreement about care arrangements, it will override the final orders, but if you wish to have them made into consent orders, the court will need to decide if the consent orders are in the best interests of the kids. This usually isn't an issue, though I can't say I'm 100% sure about Magellan List cases. Magellan doesn't require a finding that abuse has taken place, just an assessment of whether there is unacceptable risk of harm to the kids.

If that finding was never made on a final basis with the evidence tested, but the mother refuses to reach agreement, then I think you can file another initiating application to the court. This time, however, the kids will have a lot of say about their own care arrangements as they are over the age of 12. Clearly, if they're making contact after 5 years, they still have a relationship with you, or at least a desire to have a relationship with you, so you could probably make the argument that the current orders aren't in their best interests because they're not enjoying that right to spend time with you.

Hopefully, though, further proceedings won't be necessary. If you can reach agreement, even if it's just "That the children spend time with the father in accordance with their wishes", it's better than going back to court.

 

[jaywalker08]

Thank you so much for your reply, I believe the mother and I would be able to reach an agreement. If we could stay out of the courtroom, that would be a bonus, both for us and the kids. Thank you again