QLD Mother won’t comply with parenting plan. Next steps???

Discussion in 'Family Law Forum' started by KaraEmme, 15 March 2019.

  1. KaraEmme

    KaraEmme Active Member

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    Hi everyone,
    So basically the mother of my 2 1/2yr old step daughter will not comply with the parenting plan. She has now officially broken it twice and tried to break it once before but ended up backing out. Keep in mind we have only gotten this parenting plan done in October and had 2 others before this. Also these are not little breaks either they are major. The first time she broke it was only after a month.

    Now we are wanting to make a new parenting plan that it is so detailed so nothing will get ‘mis-interpretated’ and we want it to be the last plan we ever make. We’re wanting to get it court ordered in the end. We know she want agree to more time (we have her one night per ftn) so what’s our options? We would rather avoid having to fight it out in court. Also we will be self representing.

    Thankyou
     
  2. sammy01

    sammy01 Well-Known Member

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    I don't like my advice.
    Be patient. Suck it up...
    So you could apply to court now - with the kid being 2 1/2 and given the slow pace of court, you'll get orders before the child is 3 1/2. But courts don't like making orders that go terribly far into the future. So you're not likely to get orders that provide for the kid's time to increase once they are 5 or 6.......

    But if you wait another year or more. You'll have a 3 1/2 year old. Court will take nearly a year so you'll have a 4 1/2 yr old and the courts will make orders for when the kid is 5 and 6... So you are FAR more likely to get 4, 5 or more nights a fortnight at that point in time.

    Nice idea to make a detailed parenting plan so nothing will get 'mis-interpreted.' But it will because a parenting plan is not binding. It is toilet paper. So wait a while and get orders through the courts when the kid is 5 and you're more likely to get close to 50/50 care.
    Calm down...
    I did say I don't like my advice.
    But consider this, how much of being a 2 yr old do you remember? 3 yr old? So while my advice sux and I hate it, I do think it is the best option to get substantial time with the child in the long term. in the meantime, just do your best to make sure the ex doesn't know how much her poor form is hurting you... It will only make her happy...
     
  3. Atticus

    Atticus Well-Known Member

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    Start mediation with an accredited service like relationships Australia. If that fails at least you'll have the S60I certificate required to make a parenting order application should it come to that

    She should be told fairly early in the piece by mediators (certainly the court) that one night a FN is not enough to form and maintain a meaningful relationship, which is one off the pillars of the family court objectives. Nothing stopping you from entering into a plan or formal court consent orders setting out a schedule to increase time spent in stages if that's what is going to work.

    You should be aiming for 2-3 nights per FN minimum, plus half of school holidays when she starts, that would be the minimum that a court would consider normal under normal circumstances Letting her know that you are prepared to take it to the next step if necessary may be the push she needs. An application for parenting orders that she has to respond to and defend her current position may well be the reality check needed to get her moving in the direction she should be.

    That can happen fairly quickly. Over 90% of cases get settled by consent way before a hearing. I would be booking mediation immediately
     
  4. Rod

    Rod Lawyer
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    Go to court for breaches. You are dealing with someone who thinks little of the kid's welfare, little of what the court says, and next to nothing about what you want.

    You can't reason with an unreasonable person so don't bother. Save your energy for the court.
     
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  5. Atticus

    Atticus Well-Known Member

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    Except it's a non binding parenting plan that it's in place, not court orders..

    If it goes to court though, they can take into account how she has behaved in keeping the terms of the current parenting plan which may well help your case.
     
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