NSW Parenting Plan Dispute - What to Do?

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Julie 1

18 November 2014
I have a parenting plan that doesn't appear in the best interest for he child. It's an equal parental responsibility plan. The father has never lived with the child. The child is Asperger's. The father is using the plan to manipulate and control. The father lives 5 hours away and only sees his son half the school holidays and 2 weekends a term. I am told I can't get legal aid for any other reason than for if he takes me to court. I feel I am being harassed and I cant do anything unless he takes me to court.


Hi Julie 1,

How is it that you wish to alter the current arrangements? Do you also have a court order or consent order? Or just the parenting plan? If just a parenting plan, the arrangements are not legally enforceable. Therefore, if you and your ex want to change it, you can do this at any time by signing and dating a new amended plan. It also means that if you simply do not comply with the parenting plan for the best interests of your child, then you can't be taken to court over it. However if you are trying to make your ex do something more, i.e. take the child more often - in circumstances where he doesn't want to, then you may need to get a court order in order to enforce this.

Here is a link to community family relationship centres by region which may be able to provide some assistance to you.http://www.legalaid.qld.gov.au/lega...ship+centre&redirect=organisation_results.asp