7 Comments Family & de facto law, financial agreements, consent orders
yep a 601 means that he can apply for court. I don't know the time frame. BUT if he applies to court then the court will in the first instance order more mediation.
I don't know if the mediator SHOULD have issued it BUT I suppose my logic goes IF he feels mediation didn't work then he is entitled to request the 601
Each family and set of circumstances is different. I've had my 3 kids, including the youngest for 4 nights a fortnight from the time the youngest was about 14 months old. From the age of 2 I've had him 5 nights a fortnight and for week blocks during school holidays.
So 2 consecutive nights is out of the question??? What would be wrong with Friday night with him, Saturday with you and Sunday with him? I hope your answer doesn't include the phrase that it would be to disruptive and the child would not cope.
Tigerlily, I hope you don't take offence and accept my perspective.
I hope you and the ex can get arrangements that are in the best interest of the child
You stated that neither of you got what you wanted, both of you had better get used to that as that is inevitable in these situations.
Certificate is good for 12 months. Outside this period they expect further mediation.
Relationship Australia will mediate 2 times in 12 months.
Eamon, courts will not always push for mediation. I wish that was the case.
From my understanding if mediation was attempted & "agreement" made the courts will generally look at that agreement. However, what's supposed to happen and what is logical does not necessarily occur.
[QUOTE=Tigerlily75] He wanted two consecutive over-nights. I thought that she would only cope with one. [/QUOTE]
In an attempt to save you expense and heartache, on what basis do you believe your daughter would not be able to cope with two nights in a row with her father?
After all she is spending plenty of consecutive nights with her other parent, you, and I guess she has survived that?
Remember family court judges are not silly, they know that many children spend extended time with the other parent, I even know of a case when the children spend week about with each parent, they seem to cope really well.
I expect you will be asked in court, if it gets that far, to justify your belief that she will not be able to cope. Do you have any evidence?
Thanks for the advice in relation to the certificate.
There are a range if reasons why consecutive nights wouldn't work for our family, which aren't appropriate to go into here. Appreciate your points of view and thoughts though.
From what I can find online, there's no mechanism for a mediator to withdraw a certificate so I guess it is what it is now and I can only hope he doesn't take it to court.
I appreciate that you do not want to discuss your reservations here, but expect to be asked in court, and when you are have the answers ready, and have any evidence to back up your assertions with you.
Remember plenty of Dads look after their children of both sexes all the time, it's what happens in a normal society.
Am I correct in assuming your main concern now is the "uncertainty" of what is going to happen??
That is, you did do mediation & in reality you would anticipate going back to mediation of either yourself or the other parent wanted any variation? But now, you feel as though you have the potential "threat" of court hanging over your head??
That is, things go ahead per agreed & when he wants you to fall inane, he uses the "court" option to make sure he gets his way.
If that is the case, what about going through the process of getting your "agreement" stamped with court, of course, he may not agree - but it will force the issue to get resolved through re-mediation. Or the courts.
Either way, you're in charge of resuming some degree of certainty in your life & removing that threat.
If you do go to courts - things can be looked at in a variety of ways. My understanding is he has 3 nights per fortnight already. 1 night a week & I am assuming every second weekend hole weekend.
If you read the likes of Jennifer Macintosh & robin Baxter (??) they are stating that shared care is not just about weekend dads ( or second parents). If he is wanting to to remove his midweek responsibilities for easier weekend shifts - you may get some support regarding this. However if just wants to increase his time . . . Maybe it's something that needs to beconsidered.
If it's the former, push the angle that you want the dad more involved with the kids life & maybe offer thurs/fri as consecutive nights (ie 1 school run/1 weekend) of Sunday/Monday.
I do believe that the one night additional a fortnight would substantially change finances :(.
Thanks Martin, for your comments. I take on board what you say.
Ranni, you've hit the nail on the head really. Unfortunately, he has in the past refused to sign the parenting agreement made at mediation and so it is not admissible - and as he has requested a certificate, I'm not sure that he would have our current arrangement made into orders.
I have spoken to him and he has indicated that he is okay with the agreements that we have made at the moment but has obtained the s60i certificate "just in case". Which as you say, is making me a little worried and seems to be a "threat" of court action if I don't do what he wants, when he knows I can't afford legal action.
Just wondering why you say that one night additional a fortnight would substantially change finances?