WA Should I Go to Family Court?

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Burgertime

Well-Known Member
8 January 2017
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WA
But the thing is, I have tried to negotiate. She will not sign the consent orders unless they are on her terms and I do not agree to them. I have tried and tried to no avail so what to do? Mediation was a joke and no help at all.
 

sammy01

Well-Known Member
27 September 2015
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So according to her plan? Do you get more time in the holidays? Would you be happy to trade some week day time for weekends?

Think long term, like when the kid is in school...

Why won't she let you have weekend time?

Court stressful - bloody oath. But it will be more stressful for her because I doubt you will get less time, but you will get weekend time and you might just wind up with more time.

So what do you have to lose? And most cases don't get decided by the judge, often the pressure applied just by applying to court can induce the other person to see reason.
 

Burgertime

Well-Known Member
8 January 2017
17
0
71
WA
No I only have the 14 days per year to be taken in the school holidays apart from that the plan would roll on as per normal school holidays inclusive.

I have 2 big contracts, the most convenient way to tend to those are weekends which is why the plan fell the way it did because the ex does not work weekends! I am going to have to find a way to adjust or run my schedule better to fit in at least 1 weekend day per fortnight. Otherwise like I said earlier I am relying on her good nature and in the hope that the ex calms down a bit which I currently can't see happening.

The ex is the one who walked out on me for someone else and you would think it was me who had done the wrong thing by her the way I have been treated, and no this is not revenge or anything of that sort I just did not decide to break up the family and she is calling all the shots!

I can't believe the cost to go through the courts, I do have an uncle who had offered to lend money if things get tight but it's tough trying to run my business and remain focused while trying to deal with this.
 

MartyK

Well-Known Member
4 June 2016
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794
Do you mean that the reason the nights all fall on weekdays are due to your own work commitments on weekends?

The 14 days holidays. You say that the 'usual' times 5/9 would operate year round except for those 14 days. Does the mother also have the option of on unbroken 14 day holiday period?

Perhaps there could be something added to the parenting plan (I assume this is a parenting plan?) to include that the plan will be revisited when the child reaches school age and/or in the event that the father rearranges is work commitments on weekend days...? Has this been discussed?
 

Burgertime

Well-Known Member
8 January 2017
17
0
71
WA
Yes, because of my business commitments. It has been discussed that I would like the option of when my daughter starts school that I have a weekend day as part of the plan, however that is all up in the air and may not happen, she is not willing at present to change any of the minutes in her proposal from her lawyer. And there is no provision in the minute for any holidays for her. It does stipulate that add she grows older the consent order will have to be changed to best suit my Daughters needs.

My daughter is still asking for more time at my house and does not get why she had less time at Daddy's house than Mummy's. I can see that it is bothering her which is why I have taken things this far. She had always spent equal time with both of us which is why I think this is really hurting her as well.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
So there is something in them that stipulates that they will need to be looked at again as your daughter grows? That's good.

To clarify. Will these agreements be filed with the court as consent orders?

Refresh my memory again, how old is your daughter? Just seems strange to me for a child below school age to spend so much time preoccupied with 'number of days', especially when the current arrangements are 5/9 and she would likely be enjoying herself so much when in your care to even think about this.
 

sammy01

Well-Known Member
27 September 2015
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So what is your care % according to child support / family tax?

Look, if 5 a fortnight mid-week works for you, maybe you wanna count your blessings.

Sometimes, our own emotional scars stop us seeing things clearly... So I am reading between the lines - yup, you want more time... But the ex is accommodating you by not forcing you to take weekend time when clearly your work commitments don't allow it. That is a win...

Much better than her telling you that you have to do weekends because she knows you can't....
 

Burgertime

Well-Known Member
8 January 2017
17
0
71
WA
My daughter is 4, but yes, she does mention a number of nights and asks why mummy get more than daddy. This comes out of the blue and is a reason I have brought things this far and has been going on for a number of months. It seems more than just comparing with not wanting to go to school or having xyz for dinner. I think these things perhaps run deeper even in one so young.

I did also have a bit of weekend time when I had 50-50 which was a Sunday afternoon and then evening but the ex decided to change all that. If she was accommodating she would have been willing to discuss this as I was more than happy to talk to her about this and her reasons why, which she still has not told me.

Look I am a good dad who was always there for my daughter and I think it is tough on both her and me that I was seeing her every day/ night to only 5 nights per fortnight particularly as our relationship is so close.

Is a conciliation conference a good option in this scenario as that seems like the next step to file orders and go for that?

If things are not agreed there then it looks like a trial which would be totally ridiculous not to mention costly.
 

sammy01

Well-Known Member
27 September 2015
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Just my opinion...is it worth a court case? Nope.

You're getting a god hit at your time with the child. If you had 2-3 nights a fortnight, or less - then maybe all the stress of court would be worthwhile. But not an extra night or two...

Is it really worth it to get 6 nights and maybe 7? Your call. But to my thinking, the time, money and stress could be better used elsewhere.
 

Burgertime

Well-Known Member
8 January 2017
17
0
71
WA
Even a conciliation conference is that worth it? Stressful? As apparently that is the last chance saloon before appearing before a judge?