by 50/50  21/12/2018  3 Comments  242 Page Views
Family & de facto law, financial agreements, consent orders
Hello,

I'd like some advice on the below agreement and if there is any legal wording which may make this agreement not a good idea to sign.

This is on behalf of my partner named Y in the agreement.
His ex-partner, named X, has taken their 6 year old daughter, Z, and broken their signed private parenting plan they have abided by for 18 months. He hasn't seen her or knows of her whereabouts and won't get any contact over xmas sadly.
( you can never understand this level of stress until it happens to you )

Shockingly, a week later the mother got a temporary AVO to add more pain and stress :(. The claim is my partner called 10 times a day for the last 30 days when the truth is and will show he called only 3 times on the day he went to pick up his daughter and she wasn't there.

My partner messaged her lawyer days later and asked if Z can come back and see her grandmother and cousin. Fortunately, they have agreed if we signed the agreement below.

Are there any trappings in the agreement? There is no way my partner will be doing an exchange but the grandmother will be.

The mother filed an initiating application and there is a court date in early February.

The family are desperate to see the daughter again but are cautious about any more legal trouble that can be inflicted which is why I thought it best to have more eyes look at it for advice.

We have until 1pm today to sign.

Thank you in advance.





IN THE FEDERAL CIRCUIT OF AUSTRALIA
AT BRISBANE                                   No BRC             /2018

IN THE MATTER OF
xxxxxxxxxxxx
Applicant
yyyyyyyyyyy
Respondent
          I yyyyyyyy, advise that I am the father of Zzzzzz. I enclose the email which I forwarded to ?? Lawyers on 19 December 2018 in relation to spending time with Zzzzzz over the holidays.
          I refer to the matter above regarding change over for. Zzzzzzz on the 6th of January 2019
"My mother and Zs cousin, will be visiting Z and I at that time and are willing to pick up Z on the 6th of January, 2019 at either Z's mothers place or somewhere local like Z's school. "
The Agreement:-
1.     Z to spend time with the father from 9.00am on 6 January 2019 until 4.00pm on 27 January 2019.
2.     Z to be collected from the mother’s residence and returned to the mother’s residence at the abovementioned times on the abovementioned dates.
3.     The father will be of good behaviour when collecting and delivering back the child to the mother’s residence.
4.     The father agrees not to take the child out of the state of Queensland or international travel during the agreement period.
   I, yyyy , hereby give my personal guarantee that I shall return Z to the mother’s care on the abovementioned date (“the
Agreement”) and I agree that this document will be tendered in the Federal Circuit Court if it becomes necessary in
proceedings for child recovery.
YYYYYYYYYYY

______________________________________
Dated               December 201