NSW Parenting Plan - What will Happen if Husband Ignores the Letter?

[Sarahj087]

My husband has received a Solicitor letter from his ex-wife with consent orders for a parenting plan. They have basically just put everything she wants that benefits her and expected him to sign it.

There has been no attempt for mediation which I believe is the first step and family court requires this before they will hear any matter.

My question is: what will happen if he ignores the letters?

 

[Lance]

Hi Sarah,

I wouldn't ignore them. I would reply by saying I do not agree with the terms of the parenting plan and would like to engage in mediation to reach an agreement of a new and equitable parenting plan. Might be advisable to speak with a lawyer.

 

[sammy01]

Write back... State which ever bits he agrees with. Outline what he would like to have in the plan and invite further feedback from the solicitor to work amicably to resolved the areas where there is dispute.

So help us out - what are the areas of dispute. I'd suggest providing as much info as you can here (no names) etc and look for feedback from the good folk that post here

 

[AllForHer]

Remember: Solicitors don't have any judicial powers. They're very scary and very good at throwing their weight around, but they have no judicial powers.

Don't sign the consent orders. Write back, say you refuse to sign the consent orders but would be open to mediation in order to reach an agreement on consent orders that are best for the kids.

Then sit back and wait.

 

[Blessing]

Well, the first step is negotiations between the parties, they have sent their requests. if you ignore it you just come across as unwilling to negotiate.

Write back with your own proposals, stating what you agree with and what you disagree with.

 

[Sarahj087]

write back... State which ever bits he agrees with. Outline what he would like to have in the plan and invite further feedback from the solicitor to work amicably to resolved the areas where there is dispute.

So help us out - what are the areas of dispute. I'd suggest providing as much info as you can here (no names) etc and look for feedback from the good folk that post here

I'd like to point out this is involving teenage boys.

Basically the cover letter states she wants them to have their own beds in their own room. Currently we have two girls in the bedrooms and that is their only room. The issue with this is: why should the girls be kicked out of their rooms to accommodate their kids who only spend 4 nights a month at our house?

Along with other things, she wants us to do the pickup/drop off. She wants us to inform her about our household which is none of her business and we don't care about her household at all. We need her permission for them to go to their grandparents house also.

She also states that the boys live with her full time which is true however the oldest one has been considering moving in with us so I wasn't sure if that means he is stuck with her?

She wants them on Mother's Day which is obviously fine but on mothers day just gone, she went on a shopping trip and didn't have them.

And there are going to be weekends when we can't have them but the threat of child support is forever lingering.

Basically she just wants full control of both households and there hasn't been any issues besides her being miserable.

 

[sammy01]

OK so write back.... Tell her what she wants to hear....

Take the girls out of the room - will it kill them to have 4 nights a month on the lounge? if it will then don't bother fighting to see his kids.

Drop off's half way, this is stock standard.

So you're saying one of the boys wants to live with you? OK but how is that gonna happen given the current set up?

 

[Sarahj087]

We are trying to sell our house to upgrade but it's taking longer than we'd hoped. We have been thinking of taking it off the market for a while but now she's having a whinge. The boys love sleeping in the lounge room, it's purely her being difficult.

There's no fighting to see them. She needs us to have them so she can travel away to spend her child support money.

Thanks for your help.

 

[sammy01]

OK so what is the problem here...? Write back, make the letter lengthy, remember solicitors charge lots of money to read and write stuff... So refuse to do extra travel, and if you're interested, write back requesting extra time with the boys... Why only 4 nights a month?

 

[Sarahj087]

Well I basically wanted to know what would happen if he doesn't reply. Because at this point he's saying that she won't refuse him access anyway. I don't know how wise this is although I agree she is not going to deny access.

They haven't done mediation through relationships Australia or anything. The letter was out of the blue and she actually works for the solicitor representing her (which is apparently legal).

She doesn't want us to have them for half the holidays and I assume this is because her child support decreases. However, the boys went to his parents house for half of the last school holidays at their request and she wasn't happy because she hadn't pre-approved it. But since she works full time, they would've been sitting home alone all day anyway so I don't know what upset her about it?

Its not a hectic story like everyone else's, I more or less just want to know what can happen if he ignores them.