8 Comments Family & de facto law, financial agreements, consent orders
yes she does. She removed the kids 2 hours early from school last thursday to prevent me from accessing them on my weekend. She broke the consent orders. She let me have them on saturday afternoon and I returned them to school monday morning as per the consent orders.
I guess i am asking is my working schedlue a good enough reason in the courts opinion to have the condition in our consent orders of her being able to change the weekends, removed ? I want this condition removed otherwise she will continue to force me to have the kids on the weekends i work. This will impact on the time i get to spend with them as i will have to organsie care for them.
wow slow down... Mate I am struggling a bit with this bit of what you wrote - "I work a 2 week roster which involves every second weekend. My weekend off is synchronised with my time with the children. The consent orders which were made over two years ago allow for my ex to change the weekends to the ones I work"
So your weekend is synchronised with your time with the kids? GOOD. So why ain't that happening.
Do the orders allow for her to change the weekend at will?
Look the devil is in the detail, so can you give us a bit more to go on....
Look if it got to court, yep I reckon you'd be able to show that she is being a twit. But lets work on keeping this outa court. So the first thing is to organise mediation to discuss why she wants to stuff you around...
Sorry for the confusion.
Firstly there is a condition in the consent orders that allow her to change the fortnightly rotation at the beginning of the school term. She is to give 48 hours notice of this prior to the beginning of the school term. our last verbal communication on the 13 jan 2013 was that she has odd weeks and i had even weeks. this went as normal for the first 2 fortnights in feb. She changed her mind last week and now wants to swap weekends. She took the kids from school early when i was to pick them up last thursday.
I already have my 60i certificate as there was domestic violence in her home in jan 2016 which happened in front of the kids. Mediation doesnt work with her anyway.
i will be asking the court to remove the condition which allows her to swap weekends every school term. I am worried that my work roster is not enought to convince the court.
I am doing everthing in the best interest of the children.
ok so firstly, can you write the wording of the order to help us clarify.
Regardless - she hasn't followed the orders.
Mate I'd suggest you continue to pick up the kids on your weekend. Pointless having them if you gotta ask the little old lady to look after them while you're at work.
But try that first - Yes I reckon you could get the 'offending' clause taken outa the orders, but it is a stuff load of work and $$$...
I spent a long day in court today.
There were a lot cases stood down and the judge is asking them first to provide a "rice and asplund" criteria checklist.
Dude, I think you would be best trying to get an "enforcement order" or something like that. Maybe an interpretation order.
Given your work was fixed to an extent - why was she given the ability to change weekends at her will? It is an unusual order.
Are you able to provide the exact wording of the order??
rannii the consent orders were made 2 weeks prior to me loosing my job and starting this new job. (2 years ago) I did not work weekends in my old job. I could not predict this. She wanted it at the time as her new partners kids had the same condition in their custody orders and she wanted to maintain weekends with her kids and her partners kids together.
The precise wording as follows : At the conclusion of any school holiday period, if there is a dispute between the parents about which weekend will be the fathers first spend time weekend after the commencement of school, the respondent mother shall be responsible for deciding the matter and she must notify the father as soon as practicable of her decision, but in any event at least 48 hours prior to the commencement of school in the new term"
She notified me verbally prior to the new term that the weekends would stay the same (inline with my work schedule) She then sent me and email 5 weeks into the new term and wanted to change (no reason). she then took the kids from school early last Thursday when I was due to pick them up from my weekend.
As for "rice and asplund" she changed the kids school in 2015 without consulting me. order clearly states "each party shall consult the other concerning any long term issues relating to the children's education" she did this as she moved residences away from their original school. I stayed in the area. She has now moved again and I fear she will change schools again.
the kids were witness to a violent assault on their mother in early January. the Partner was charged and she moved out. AVO put in place to protect her and children. 1 week later she forced the police officer to remove no contact clause of AVO to resume their relationship. ( He suffers from mental disorder and alcoholism ) they are now back together.
I don't have the money for representation so hence all the research and help I can get.
1. Want you mentioned doesn't seem likely to open a "rice and asplund" case - (I'm not a lawyer, it's my opinion). Unsure whether your job would count - as you knew the condition of your orders at the time you accepted the position.
2. she has breached the orders, if she has changed the weekends after the commencement of the school term. I would be inclined to point this out and provide her with the suggestion that if she doesn't (at least for this term) return to th weekends ShE selected then you will consider applying to the courts for an enforcement order (pointless as term is almost over).
Wait and see what next term brings.
A lot of us are stuck in situations where we get "limited" time with the kids. I was prvy to an order for a while which stuck me with no weekend time. Yep, kids in daycare me working til 6pm pickup and they were in bed st 6.30. It's called parenting.
Part of being a parent is those times You cannot be there.
Look, my advice would be to tell the ex to stick to one set of weekends each term. Suck it up as to when. Kids would start complaining they never see dad. Mum would get sick of game and think of best interests of kids, or request a return to court that you never see kids - so wants to remove your time.
Then you bring up your impossible work situation, the emails advising her you can only do odd/even weekends due to work and if kids with you on opposite weekends they will need to be cared for by an alternative party.
In front of judge request notation to be added that your work roster be considered.