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NSW Restore parenting agreement

Discussion in 'Family Law Forum' started by nose, 14 February 2018.

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  1. nose

    nose Well-Known Member

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    mother has taken to speaking on behalf of her son(14), about his living arrangements to father, claiming son doesnt want to talk to him (not sure its true). Until now mutually agreed arrangement in place, created through mediation . Mother 65%, father 35%. Son has taken to wanting to dictate to parents what he wants, favouring mother more because she will let him have xbox , father wont cause he is addicted, affecting his schoolwork etc. Child has said to mother father is aggresive towards him (not true). Mother has grabbed onto that and now uses it as blackmail to keep son from father, claiming due to his excessively aggressive behaviour she wont allow him son for more than 2 days at a time. father cant seem to get his son to communicate to him what he wants cause mother has taken over communication. What can father do to restore a bibding agreement? Stop mother's unfoubded accusations which she know has son believing father us aggressive n bully as she tells him. Father wants son 50%.
     
  2. AllForHer

    AllForHer Well-Known Member

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    So this is a parenting agreement, not orders?
     
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  3. nose

    nose Well-Known Member

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    No court orders its an agreement that was made under mediation a couple of years ago
     
  4. Migz

    Migz Well-Known Member

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    Unfortunately Nose if the other parent is riding rough shot over you there is nothing you can do. You have to take her back to mediation to get your s60i certificate, then onto court.

    Heres how it works;
    1. Contact Relationships Australia in your township or nearest town.
    2.Tell them you would like to carry out Mediation in the hope of working out a "Parenting Plan" with your ex. Hand over all of their details as well.
    3. Carry out mediation and make sure you are issued with a Certificate 60i. Even if mediation fails, get this certificate issued to you.
    4. Even if you were or weren't successful in carrying out mediation...next step is Family Circuit Court to turn the parenting plan into court orders.
    5. Go to the federal circuit court website, download an "Initiating application ( family law ) " fill it in.
    6. Prepare your Affidavit, your Annexures, and your "Notice of Risk". I would advise you see a family lawyer at this point for an hour or two just to get some help. Cost $200 to $600
    7. Get it signed by a JP.
    8. File it with the Family Circuit Court you can do this online as well it will cost a few hundred dollars $300 to $500. But cheaper than a Barrister.
    9. When the documents are stamped by the Family Circuit Court and you are given your court date. Then print them all out.
    10. You have to "serve" them on your ex. You will have to use an outside firm to do this you cannot do it yourself. Approx $150
    11. Wait for your court date.

    Hope this helps and keeps the costs down. Get ready for a long and drawn out process...
     
  5. nose

    nose Well-Known Member

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    I have tried to get her back to mediation but she wont, do i just go to family law court and apply for orders?
     
  6. nose

    nose Well-Known Member

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    Thank you very much at least I know the steps to start, much appreciated
     
  7. Migz

    Migz Well-Known Member

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    If you have tried to get her back to mediation but mediation hasn't gone through, then you need to contact the mediation centre and ask for a copy of the s60i...then its time to start filling in all of your paperwork.
     
  8. AllForHer

    AllForHer Well-Known Member

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    You have to have a s60I certificate from attempting mediation before you can file for Court. Once you have that, you can file an initiating application with the Court for parenting orders. Until you have parenting orders, of course, nothing is enforceable, so the agreement you had can't be enforced by the Court.

    With getting parenting orders, the part I think you will struggle with is the child's age.

    The Court takes into consideration the views of the child/ren affected by the parenting order, but how much weight it gives to their views is dependent on how old the child is, how mature the child is, and any mitigating circumstances. Fundamentally, the Court accepts that kids will eventually start voting with their feet.

    Being 14, there's a pretty good chance the Court will give significant weight to his views, so you might end up with orders along the lines of 'That the child spend time with the father in accordance with the child's wishes'.

    As such, I wonder if Court is the best option here, or if there are more family-focused ways of resolving this, such as family counselling or child-inclusive mediation. You and mum have worked amicably together for a long time, no? And teenagers are hard to deal with - heaven knows I certainly was - so maybe this issue just requires a bit more transparency and communication, rather than the very difficult and potentially ineffective Court process.
     
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