What does , the child shall live with mother and spend time with Father , midweek weekend and holidays by agreement at reasonable times with the mother 'accually mean ? Can the OP request supervised visits or D and A testing before visits go ahead? Can I take back to court for a breach? If visits are not being agreed upon?
NSW Interpretation of final order
- Thread starter Lostincourt
- Start date
oh wow... I'm so sorry. Are you for real? Is that in interim order or final orders? How old is the kid? what sort of access have you had so far?
Look if that is a final order it means you will only see your kid if mum agrees... If it is an interim order the same applies but at least it is not final...
Can you give us a bit more background.
Look if that is a final order it means you will only see your kid if mum agrees... If it is an interim order the same applies but at least it is not final...
Can you give us a bit more background.
So it's my new partner, orders are final ,judge did give shared responsibility, the mother claims alcohol and neglect, judge was biased and sided with mother , he wanted full care and sole responsibility of the little girl and got this instead,child is 8 ,father has worked hard on getting life back on track , can we go back to court to change ? Will legal aid take it on do you think? I've been reading through posts and can't find similar orders anywhere ,the mother was good at first then claims she had information that he was unable to look after child so she wanted all these things done but none of what she asks is in orders , can father just pick her up from school or dance ?father suspects she doesn't like he has moved on and is jelous and doing out of spite
You are not gonna like anything I have to say
nope judge was not biased - or at least if he was it was because of the way your partner ran his case...
So by the sounds of things he wanted to remove the child from mum's life. Full care and sole parental responsibility??? are you mad? Sorry but you only get that if the other parent is in jail or has a history of child abuse.... Did you get legal advice?
My thoughts, write to mum or mum's solicitor proposing a parenting plan where the kid spends time with dad every wednsday night and alternate weekends. You're angle is the orders say the kid should be spending time with dad on a weekly routine... BUT The bit about by agreement means that only if mum agrees...
Should you go pick the kid up from school without mum's consent HELL NO
nope judge was not biased - or at least if he was it was because of the way your partner ran his case...
So by the sounds of things he wanted to remove the child from mum's life. Full care and sole parental responsibility??? are you mad? Sorry but you only get that if the other parent is in jail or has a history of child abuse.... Did you get legal advice?
My thoughts, write to mum or mum's solicitor proposing a parenting plan where the kid spends time with dad every wednsday night and alternate weekends. You're angle is the orders say the kid should be spending time with dad on a weekly routine... BUT The bit about by agreement means that only if mum agrees...
Should you go pick the kid up from school without mum's consent HELL NO
One more thing... From now on it is dad's job to be nice as pie... I think you guys may have gone at this from the wrong angle... Seriously, why should the kid be removed from the mum and dad have sole responsibility.... So your approach has been wracked with conflict.... Your job moving forward to remove conflict, be nice as pie and suck it up.... OR don't.... But if you don't follow this piece of advice he will not be seeing his kid.
BTW I have seen similar orders.. Basically where parents prioritise fighting each other over raising the kids is when you'll see this type of order... Now it works well for one parent... They get to be the boss. You now have that situation... Dad will only see the kid if he learns to suck it up and not argue.
BTW I have seen similar orders.. Basically where parents prioritise fighting each other over raising the kids is when you'll see this type of order... Now it works well for one parent... They get to be the boss. You now have that situation... Dad will only see the kid if he learns to suck it up and not argue.
He had a lawyer , partner let lawyer go as the mother got him on side with lies and he wanted leave of court to not represent anymore ,there is no conflict other than a few messages partner sent when very upset an Avo many years ago but has expired , mother won't even respond half the time ,even when he is nice, there must be biased in family court , there are heaps of web sites and pages devoted to fathers not getting access! So you don't think orders can be changed? Legal aid won't assist in taking back to court or recovery order ,?That doesn't sound very fair , mother just wants a pension so we have decided not to pay any cs she didn't even apply ,even when partner started working again , the orders don't say we can't pick her up,this whole family law thing is messed up he is the father he has rights to his child , why can she be boss?!?
That order isn't any more specific? How long ago was it made? And when you say the father has worked hard to get his life -back- on track, what exactly does that mean? Was he seeking full care and sole responsibility when his life was -not- on track?
Forgive me, but by the time final orders are made after a trial, the Court is usually pretty good at getting right, so why didn't the Court get it right for your partner? I imagine there is a lot more to this story than meets the eye, correct?
Forgive me, but by the time final orders are made after a trial, the Court is usually pretty good at getting right, so why didn't the Court get it right for your partner? I imagine there is a lot more to this story than meets the eye, correct?
Maybe the lawyer didn't want to continue acting for a client who accused him of being "on side" with the other party. There needs to be trust between a lawyer and a client, if a client makes that type of accusation the lawyer absolutely cannot continue to act and has no choice but to advise the court that they are ceasing to act.
Did your partner accuse the lawyer of being "on side" with his ex because he didn't like the advice he was given? Because given the appalling outcome, it sounds as though maybe the lawyer was right and your partner just didn't like what he was hearing.
Your partner can't get a recovery order if he doesn't have a right to have the children in his care. If what you say about the orders is correct, he does not have the right to have the children in his care except when the mother agrees. If there is no agreement, there is no right and certainly no recovery order.
The orders don't state what your partner *can't* do, they state what he *can* do - that is, spend time with the kids when there is agreement with their mother.
The mother gets to be boss because of the terrible orders, which are presumably the result of a terribly run case by your partner.
The orders go on about giving address and phone number , access to medical and school ,during court he was between homes ,missed a mention and judge made orders cause my partner said kid could stay with the mother but wanted every Friday to Monday ,so mother could do school,so you are right lot more to it , when he did the right thing by the mother and let kid stay and these are the orders !and all the mother goes on about is him not turning up to stuff . then she just went quiet and when partner messaged she said no visits unless all this stuff was done , so he left it a few months now nothing still ,it's his right and the mother is messing with the child's head doing this //thanks for all the info the wording is 'father shall spend time and communicate at all reasonable times including mid week weekend and holidays as shall be agreed between the father and mother '
We have been over it all and through the responses, our best bet would to go back court for a change of orders and this time no handing kid to mother , he just won't agree to it this time , she took advantage of him and just wants the child to herself , we will be going into legal aid Monday , will update then
