NSW Significant change in circumstances - parenting orders

[HarrySim]

Exactly what grounds are necessary to have sole parental responsibility orders revised when there has been no contact between the children and the other parent for many years and the children maintain their wish to have no contact? The orders also include no contact from the other parent.
Children are 13, 14 and 17 years and there is a history of DV from the other parent seeking to have the orders revised.

 

[sammy01]

None I can think of based on the situation you have explained above.

 

[Tim W]

Long-absent parent has re-appeared, basically out of nowhere?
It's a matter for the long-absent-parent to make an application.

How old are the kids?
Is the Child Support up to date?

 

[HarrySim]

Long-absent parent has re-appeared, basically out of nowhere?
It's a matter for the long-absent-parent to make an application.

How old are the kids?
Is the Child Support up to date?

Kids are 13, 14 and 17 years.
Unfortunately child support was based on the omission of full-time income from the other parent, received for only a few years amounting to $30 per month - other parent was paid as a contractor to a company, disclosure of the fulltime employment and travels overseas was evident on social media sites - I believe earnings were between 80k and 100k. Not worth me disputing CS as this would have possibly disclosed our location / details. Therefore, I was advised to apply for an exemption with CS which was granted.
I should also disclose - we were relocated by FACS as the children were deemed as 'at risk' whilst we lived in the same area near the other parent, other parent is not aware of our location, this was supported by the courts when orders were granted with information redacted that would risk disclosure our location.

 

[Tim W]

The hidden location thing being in play,
then that will weigh heavily against any change to the current arrangements.

 

[HarrySim]

The hidden location thing being in play,
then that will weigh heavily against any change to the current arrangements.

The other parent has posted various public social media posts with pictures of the children over the past few years requesting people to share it to locate us(the pictures are not current). This has always been of concern to me - would this be something I should keep copies of in the event that court is revisited? I am hopeful this would never get to get court considering the circumstances and the revisited trauma, stress and anxiety this would expose the children to again after many years of therapy to finally maintain a stable, happy, safe life for the children. Would legal aid represent a client with this history to get the orders revised? I have been advised legal aid has been granted to the other parent.

 

[HarrySim]

None I can think of based on the situation you have explained above.

Thank you - I hope that is the case. Revisiting a traumatic past for the children all these years later would in no way be beneficial to the children and expose them to anxiety and stress which has taken years of counselling to manage and address.

 

[Atticus]

Exactly what grounds are necessary to have sole parental responsibility orders revised

Significant change in circumstances since orders were made can include a parent 'turning their life around' ..... For example, can demonstrate they are & have been in a stable relationship for some time & can offer a stable safe environment for kids..

The historical FV, Children's views/wishes etc would all be taken into account... That's IF the application to vary was even accepted... he would have to put forward a very convincing case in the application given what you say ..... In any event, before he could even apply he would have to attend mediation with you.. It's *possible* legal aid may help him with that.

Rather than reject it (mediation), given the kids ages, you may be able to agree on the proviso that it's in part child inclusive... If the kids are so estranged from dad that they are not the least interested in attempting to form a relationship with him, then I can't see an application even being made, nor it passing the legal aid merit test

 

[HarrySim]

Significant change in circumstances since orders were made can include a parent 'turning their life around' ..... For example, can demonstrate they are & have been in a stable relationship for some time & can offer a stable safe environment for kids..

The historical FV, Children's views/wishes etc would all be taken into account... That's IF the application to vary was even accepted... he would have to put forward a very convincing case in the application given what you say ..... In any event, before he could even apply he would have to attend mediation with you.. It's *possible* legal aid may help him with that.

Rather than reject it (mediation), given the kids ages, you may be able to agree on the proviso that it's in part child inclusive... If the kids are so estranged from dad that they are not the least interested in attempting to form a relationship with him, then I can't see an application even being made, nor it passing the legal aid merit test

Thank you for your time and advise regarding my circumstances. I had been approached by a representative for Relationships Australia regarding mediation only a couple months ago, the scenario that was put forward by the mediator did not address the current orders or the history of the reasons behind our relocation. Once I informed the mediator of this and provided evidence, including recent threatening emails - I was quickly advised that the FDR assessed that it would not be appropriate to continue; considering our history / circumstances. I enquired on receiving a 60i certificate, however was informed it was not necessary as there was no indication that this would progress any further to court. If it does proceed, I will re-engage contact with the FDR and request the 60i certificate.

 

[Atticus]

I was quickly advised that the FDR assessed that it would not be appropriate to continue; considering our history / circumstances. ............ If it does proceed, I will re-engage contact with the FDR and request the 60i certificate.

Yes I can't see a successful application to vary coming out of this ......only the applicant needs a s60I certificate, so you won't have to bother getting one anyway if it comes to that