QLD Family Court - Children to Spending More Time with Parent?

[nat 2015]

Hi,

I had mediation with my ex and received my certificate to apply for family court. I have also applied for legal aid and awaiting on the approval for the funds to assist me as they go by merit.

There are no orders in place and currently my ex has our 3 boys week off, week on. Sometimes they are returned earlier. I certainly don't think it has been working. My boys have expressed many times they want to stay with me more.

When I approached my ex, his response was he wants a mature answer from the boys - why do they want to spend more time with me? The boys are 13 and almost 15. I have been supportive of the children having a relationship with him. I personally think this has nothing to do with the kids. He is still very bitter that I left him, and has stated many times he can't move on.

I just want this to be sorted so I can continue to get on with my life.

 

[AllForHer]

So, here's a case published in the past couple of days that might be of interest to you: http://www.austlii.edu.au/au/cases/cth/FCCA/2017/1790.html

In particular, have a read of pars 59-68. It's very good commentary from a judge on the weight of children's opinions in terms of deciding their own care arrangements.

 

[nat 2015]

So short answer is my boys need to suck it up...

So, here's a case published in the past couple of days that might be of interest to you: http://www.austlii.edu.au/au/cases/cth/FCCA/2017/1790.html

In particular, have a read of pars 59-68. It's very good commentary from a judge on the weight of children's opinions in terms of deciding their own care arrangements.

Thanks for that

 

[MadFunMum]

So short answer is my boys need to suck it up...


Thanks for that

I don't think that's necessarily the case.

In another recent post @AllForHer wrote: "If you haven't been to Court already, the likelihood of going to Court now is probably pretty slim. Any lawyer will tell your ex that the child's age is going to play a very significant part in the outcome. Indeed, it's common for the Court to just order that the child spend time with the parent in accordance with the child's wishes." This post related to a 13 yo child who didn't want to spend too much time with her father and where there were no court orders in place (ie. very similiar to your situation @nat 2015 )

 

[AllForHer]

You're welcome.