My wife and I has been separated under one roof for two years but now she has, on her own, decided to move out of the house to an unknown address with our 4 children and she is now asking for child support payment, which is ok by me. But I want the children a parenting plan to spend the weekend with me, that is I pick them up on Friday evening and return them back on Sunday evening. What should I do if she refuses?
NSW Parenting Plan for Children - What to Do if Wife Refuses?
- Thread starter LUKMAN
- Start date
What you can do is attend a family dispute resolution conference with the mother, which is where discussions are mediated by an objective third party to keep them focused on what's important and try and negotiate a parenting plan. Both parties can be represented legally in this process.
A parenting plan is a document that outlines who the children live with and what time they spend with the other parent. If you both agree, you can also have it made into consent orders so that it is legally enforceable.
If you're unable to reach agreement about a parenting plan, however, you will receive a s60i certificate, which will enable you to file for parenting orders through the court.
It's best to avoid court because it's very costly and time consuming, but the children do have a legal right under s60B of the Family Law Act to know, spend time and communicate with both parents on a regular basis, so if the other parent refuses to enable them to enjoy that right, then you may have to go to court for remedy.
The court determines parenting orders based on the children's best interests, and the pathway it uses when deciding is under s60CC of the Family Law Act.
However, if things have been fairly amicable for some time, then hopefully court won't even be necessary.
I hope this helps.
A parenting plan is a document that outlines who the children live with and what time they spend with the other parent. If you both agree, you can also have it made into consent orders so that it is legally enforceable.
If you're unable to reach agreement about a parenting plan, however, you will receive a s60i certificate, which will enable you to file for parenting orders through the court.
It's best to avoid court because it's very costly and time consuming, but the children do have a legal right under s60B of the Family Law Act to know, spend time and communicate with both parents on a regular basis, so if the other parent refuses to enable them to enjoy that right, then you may have to go to court for remedy.
The court determines parenting orders based on the children's best interests, and the pathway it uses when deciding is under s60CC of the Family Law Act.
However, if things have been fairly amicable for some time, then hopefully court won't even be necessary.
I hope this helps.
Not quite legal advice (kinda)
Don't do anything dumb.... List of dumb things
1 - pick kids up from school un-announced... Legally, there is nothing to stop you... But it will make things worse in the long term
2 - Don't argue.If you do the cops will come a knocking and you will have an AVO slapped on you... And you will learn very quickly that the family law system and justice have nothing in common.
3 - Don't engage in text message wars. What ever you write / say / do remember in a worst case scenario it can be manipulated... Imagine everything you write / say / do could be presented to a magistrate one day...
4 - Play nice and be patient.
Mate you've got a tough few months ahead and it would be tempting and probably reasonable to do one or more of the things above that I have suggest you don't do, given the stress of the situation etc etc. But you have to look long term... The family law act states that the best interest of the children is paramount AND that it is assumed that a meaningful relationship with both parents is in the best interest of the kids. It goes further... It states that IF practical, a magistrate MUST consider 50/50 care. (that doesn't mean 50/50 is a given, but it should be considered as a possibility from the outset) So the law is on your side at the minute. You can stuff that up by causing conflict (being dumb) because the law also states that kids need to be sheltered from conflict, so picking the kids up from school unannounced is gonna cause conflict TRUE.... so read my dot point 4 (above) a few more times to make sure it sinks in...
Don't do anything dumb.... List of dumb things
1 - pick kids up from school un-announced... Legally, there is nothing to stop you... But it will make things worse in the long term
2 - Don't argue.If you do the cops will come a knocking and you will have an AVO slapped on you... And you will learn very quickly that the family law system and justice have nothing in common.
3 - Don't engage in text message wars. What ever you write / say / do remember in a worst case scenario it can be manipulated... Imagine everything you write / say / do could be presented to a magistrate one day...
4 - Play nice and be patient.
Mate you've got a tough few months ahead and it would be tempting and probably reasonable to do one or more of the things above that I have suggest you don't do, given the stress of the situation etc etc. But you have to look long term... The family law act states that the best interest of the children is paramount AND that it is assumed that a meaningful relationship with both parents is in the best interest of the kids. It goes further... It states that IF practical, a magistrate MUST consider 50/50 care. (that doesn't mean 50/50 is a given, but it should be considered as a possibility from the outset) So the law is on your side at the minute. You can stuff that up by causing conflict (being dumb) because the law also states that kids need to be sheltered from conflict, so picking the kids up from school unannounced is gonna cause conflict TRUE.... so read my dot point 4 (above) a few more times to make sure it sinks in...
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