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Amending court orders

Not to sure how all this works so I hope this gets posted. I have court orders in place for the last 10months but they have not been followed from day one. I would like them amended my question is do I have to start new orders or can have these changed if so how do I go about it and what grounds do I need to meet to have them changed? 
Need more info.
What orders? How are they not being followed?
You will probably have to do mediation, try a family dispute resolution centre. It's difficult for anyone to help with such little information.
Good luck.
Thanks for the quick reply. To put it as quick as possible my x ran away with the two children (two boys) and would not mediate and we did not have a agreement with accesses in place so I went to court to gain access, I gain interim orders access the way it had been before she took flight (I would have them every Wednesday and other weekends, half the holidays). She refused to mediate only through the family report writer (the process through the family court has been very draining and then some). The problem was that one of the boys has been in conflict with his mother (my x) and would come and live with me most of the time and there had been a built up jealousy between the two boys which was very bad were my x could not handle then together. The parenting orders that was reached between us for the problem one to live with me and the other would live with my x and on weekends they would come together one weekend with me the other with there mother. (I was not happy as I wanted them together

One of the main side issue with my x was Child Support she was very worried about maybe having to pay me as the problem child was living with me most of the time. I was pushed into agreeing to have a no claim on each other for child support. On the first weekend after the family order my x kicked out the problem child and he has now lived with me for the past 10 months. She has had nothing to do with him (very sad)


As the problem child has had lots of emotional issues at home and school I had enrolled him into a private school were he is doing very well and is starting to be normal for once in 6 years (my x agreed to this school to start with).

I am struggling to support him were she is quite well off owns her house has investment properties etc I have asked for some financial support she has refused to give any.

I want to have the parenting order changed so I can have the option to go CSA if need be to make her support her child.

It's been 10 months since the orders were made I had left it as I needed a break from court etc but feel that his mother really needs to help out.

Hope that this explains a bit.

Another issue that has been playing on me is when we did the property settlement the kids were 60-40 she had them 60% I now have them 70%. What ground can I have the property settlement look at again?    


                      
Ok, I think if you look under part vii of the act that may help as the orders you have are less than 12 months old.
As for the separation of your children, this was not court ordered was it? I would be speaking to a solicitor about that one.
If you can't go under part vii then maybe Rice and Asplund would be a god point to argue.
Secondly, in regard to CSA. I would suggest applying for it, if you need to prove that your son is in your care, you can get affidavits from neighbours family and friends and take that to CSA along with a copy of your current parenting plan.
The CSA part I know you can do. The legal side I'm a little uncertain, Im a newbie here myself. If you look through the SRL stuff you may find some helpful info there.
To be honest I'd leave the property settlement alone. I think you would have a judge questioning whther you are in it for the kids or for the money.
I hope I was somewhat helpful, but now that you have explained your situation a little better maybe the experts on here may be able to help you more.
I hope it all goes well for you. Best of Luck!
Formyboys said
I want to have the parenting order changed so I can have the option to go CSA if need be to make her support her child.
Parenting orders usually have nothing to do with C$, Do you mean you have a binding or non binging child support agreement.?   If not than either parent can open a case with the CSA.  Michael has created perhaps the best calculator for computing C$ out there and it is available from the front page of this site.    Plug the number in and have a look.

If you have a private collection and want to move to have CSA collect the money and you are the payer than ways that can happen also. 

Formboys said
Another issue that has been playing on me is when we did the property settlement the kids were 60-40 she had them 60% I now have them 70%. What ground can I have the property settlement look at again? 
  I don't think so as the court like to think property settlement is final but have a look at Section 79A of the Family Law act. 

I hope this helps
Thanks very much for your help people Family Law is very hard and can be very stressful!!!!!!
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