NSW Should I Invite Ex to Mediation Again?

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nibler1300

Well-Known Member
23 January 2017
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Hi,

I am just after some help. I filed for contravention against my ex partner. We went to the Judge who:

- ordered us back to mediation

- said that if mediation fails or an outcome doesn't happen that my application would need to be amende

We went back to mediation and came to somewhat of an agreement. I have drafted the orders and proposed changes to a few things such as:

The parties agree to not take the child on overseas holidays without the other party's consent until the child turns 15 years of age.

I want to add the clause

A. Either parent shall not unreasonably refuse to consent to overseas holidays, as in the agreement made it says that either parent shall not unreasonably refuse to sign the passport.

IMO signing the passport is giving consent to travel. Trivial stuff really but I fear if it is not clear and concise that he will breach and claim he didn't understand.

I have sent the proposed changes to his legal representation as well as the drafted orders and requested they get back to me within 7 days. It's been 2 weeks.

So my question, do I invite him back to mediation? Or do I file my amended contravention application?

It should be noted that I did try to reach an agreement on orders prior to mediation over email - in which he agreed to "try" and waited 5 weeks without a response.
 

sammy01

Well-Known Member
27 September 2015
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I reckon you have gone about it the wrong way....

Firstly..."Shall not unreasonably refuse to sign passports". How do you define or quantify 'unreasonable'?
 

nibler1300

Well-Known Member
23 January 2017
50
0
196
Orders haven't been finalised yet so I'm definitely open to suggestions..

But I wouldn't think there is ever a reason to refuse to sign a passport considering there is another clause saying that the child must not travel to places that are not a signature of the Hague Convention of Child Abduction...

So I would consider any refusal to sign as unreasonable.
 

AllForHer

Well-Known Member
23 July 2014
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Well, even getting kids returned to Australia under Hague is difficult.

What are the provisions around travel and consent?

Does each party agree to provide the other with travel itinerary? Contact details? A bond in case one decides to abscond abroad with the kids and the other has to institute Hague proceedings? How much notice must each party provide? Are there provisions for make-up time for the travelling parent's holiday interferes with the children's time with the other parent?

That's where you really need to bed down what 'reasonable' means. If all your asking is that neither parent 'unreasonably' refuse consent to travel, you're opening your orders for subjective interpretation.

What you want are orders that state something like:

That either parent shall be permitted to travel outside of the Commonwealth of Australia with the child for no longer than 21 consecutive days, provided the following conditions are met:
- The travelling parent provide notice of intention to travel no less than three months prior to the date of intended departure;
- The travelling parent provide a copy of travel itinerary and contact information while travelling no less than eight weeks prior to travel;
- Unless as otherwise agreed, the dates of intended travel do not interfere with the other parent's time with the child falling on special occasions, those being the non-travelling parent's birthday, Christmas, Easter, Father's/Mother's Day;
- Etc Etc etc.

My suggestion is to amend your contravention application, but at your next hearing, consider asking for an adjournment to attend mediation again on grounds some agreement was made, and you're confident further mediation will help resolve the dispute.