QLD Issues with Final Consent Orders - What to Do?

Discussion in 'Family Law Forum' started by mchiz91, 18 June 2018.

  1. mchiz91

    mchiz91 Member

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    Hi, I’m hoping for help on my current situation.

    My solicitor lodged consent orders in court on the 19th of March which are still not finalised. My ex-husband has now gone to a mediation company to change these orders to increase his time. I have been advised by this company that they have received a letter from the registrar stating that the application is unsigned by all parties, the amendment is unsigned by my ex-husband & one of the conditions is under debate. They have also advised that I have until the end of the month to have these orders finalised otherwise I will have to start the whole process from the start.

    This is the first that I am hearing about any of this as I had believed that they were just waiting for the courts to sign off on them & my solicitor is not answering my calls. I guess I’m just looking for help on where I go from here?

    Bit of background is there Is mental health concerns with my ex (including suicide threats), our son is 2 and my ex has moved 700kms away. Our son currently goes to his dads every 4th weekend from Thursday to Sunday as well as 5 days of the school holidays & for 10 days over the Christmas holidays.
     
  2. AllForHer

    AllForHer Well-Known Member

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    What kind of extra time is your ex seeking in the amendment?
     
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  3. mchiz91

    mchiz91 Member

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    He has mentioned every second or third weekend which if he lived in the same town or within a reasonable distance I wouldn’t have an issue with. I’m concerned that this won’t last long-term as well because he doesn’t have a job and struggles to afford to have our son with the current arrangement (he also changes his mind constantly). If we have to draw up new consent orders then he will go back to asking for 1 week out of every 4 or 2 weeks with him and 2 weeks with me.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Okay, have you talked to your ex directly about his proposed changes? Maybe he plans to move closer in the immediate future?
     
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  5. Nonfiction

    Nonfiction Well-Known Member

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    This is irrelevant and pure speculation.

    OP have you been able to get in touch with your solicitor as yet? If the consent orders were drafted up by your solicitor I would expect that they would have been filed with both signatures (i.e. in proper order).
     
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  6. AllForHer

    AllForHer Well-Known Member

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    If the Registrar advised they weren’t signed by all parties, I’d say your comment is even more irrelevant and speculative than my comment. :)

    If the consent orders have been filed unsigned by both parties, then they’re not going to be made into consent orders, leaving Dad and Mum free to ‘change’ the ‘orders’ (ie continue negotiating). I’d say it’ll be relevant if Dad has decided to move closer and that’s why he’s seeking to negotiate for more time...
     
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  7. thatbloke

    thatbloke Well-Known Member

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    That means they are unsealed :-D
     
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  8. Nonfiction

    Nonfiction Well-Known Member

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    What I find interesting about you AllForHer is your ability to treat all information given, as fact. As well as your incline to continue to think (quite irrationality) that your opinion exceeds that of a legal practitioner or any other user on this site...

    If it doesn’t conform to yours. You make so many errors a practioner would not make e.g. the big red seal, Priestly 11 (so obvious) that surely you cannot be one! Helps when posts can be pushed down doesn’t it?
     
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  9. AllForHer

    AllForHer Well-Known Member

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    Ironically, I’ve never alluded to being a practitioner (and folks, don’t make the mistake of thinking any practitioner will give you legal advice on any public forum), so maybe you’d find me less interesting if you didn’t conclude, quite irrationally, that I was one?

    I’m simply here to help if I think I can, learn when I can’t, and apparently rustle the feathers of strangers who think I’m here for any other reason. If my posts cause your panties to get in a wad, you are certainly welcome to block me. :)
     
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  10. Nonfiction

    Nonfiction Well-Known Member

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    Thank you for finally admitting it. Sure it was hard “in all your years of studying law” or something to that effect (as per another post last month where Rod had to correct you in enforceability on undertakings and Constitutional Law). As for the rest...irrelevant to me. Let’s move on!
     
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