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Changes to a Custody Order

Hi folks my name is Shannon.

Currently I have a order for my 2 kids(7 and 9) which states i have my children from sunday 3.30pm to wednesday 9.00am .Now im going very soon to get this changed as my ex partner she being a re pain, she normallly gives me the children about 9.00-10.00am instead of the 3.30 so i can at least plain a full day out with them.

Now im goin to get this changed as shes changing the times i get to pick them up on a sunday so i really cant plan a nice day out for them.

I spoke to a nice person at legal aid(logan) and he said it would be a good idea to update the order as its just over 3 years old anyway. He also said if i wanted 50% i would be givin it as i have about 40% anyawy, but i would have to change jobs im currently working 4 nights a week he said i would have to change to a day job (which is understandable).

Now the person said the courts would probarly grant me one week off one week on unless myself and her come to a agreeement which i belive only has to go as far as mediation for this.

The ex doesnt like this idea but she did hint to me that she wants me to pick them up everysecond saturday( sat-wed one week ,sun-wed other week) which i would probarly agree to as it gives me the 7 days a fortnight.

Now can i ask does this sounds correct.

And the other question is could i start the ball off now while I'm on the other job … and maybe have it so the order takes effect with the start off my other job.

Sorry I should of posted the in newbies section first.
Hi, sounds like some mediation might resolve this for you! You are lucky your ex is willing to discuss and negotiate thus far, good for you!  Mediation aims to facilitate winwin for mums & dads & kids and assist you both writing new consent orders that can then be signd off by the court. If the 2 parties cant agree then you get a certificate saying you tried and off to court you go to get resolution.  if you dont want to change jobs then maybe you can negotiate something else through mediation..
Well when I walked into legal all I wanted was to change my sundays pick up to 830-9.00 … but the person advised me about goin for the 50% andi was delighted i would have a high chance of gettingit so i have come to the conclusion to change jobs to spend more time with me children.

But my ex is annoying me today. I normally pick them up around 9-10am but because her partner is only home on sundays they go out sometimes so that buggers up my 9-10am pick up. And if i dispute it with her she tells me "well pick them up according to the order". So she organises sundays to her liking now andI get the early sunday pick up if there not doin anything.

So I thought great 50% it is!

She is willing to negotiate a little but im expecting some little suprises though,she is still at the attitude she has all the power and gets to make all the decisions though.

The Courts don't just update orders because they are 3 years old, there is no 'refresh' process because of the age of the orders.

To get this back into Court you will have to satisfy a Court there have been changes to the circumstances. You should read the 'Rice and Asplund' forums on this site.

'Passage of Time' is an expected scenario - not a change of circumstances.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
I'd suggest that you listen to Agog Shannon and investigate further, why a representative from legal aid has given you such advice knowing there is already court orders in place has dumb founded me.

If she is willing to negotiate your best option would be to go through mediation but if she becomes stubborn and refuses to move you will need to rethink your position.

I would suggest that you do this before looking for new employment.

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