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Shared Care for daughter not son

Papers to the Federal Circuit Court for shared care of my son and daughter who are 18 months and 6

Hi.  My lawyer just put in papers to the federal circuit court for shared care of my son and daughter who are 18 months and 6.  He said that I have a good chance of getting shared care but I might not get it straight away for my son.  I don't get why if I can get shared care that this won't be for both my kids?
Age is the factor. At 18 months it is highly likely that a reduced level of care would be entertained. However, it is quite likely that an over-time increase would be entertained.

Hopefully, some of the more learned Family Law guys will be more specific and perhaps give boundaries that could be worked within.

Last edit: by Dev_MikeT

MT, I am not going to write a proper reply except to tell the poster to read the material on the esite
Conan said
MT, I am not going to write a proper reply except to tell the poster to read the material on the esite


Mike was very helpful.

The laymans guide to family law????????????

Simple post, simple response I would have thought.  Perhaps users should not post questions for fear they have been previously asked???? 
SammiSez said
Simple post, simple response I would have thought.  Perhaps users should not post questions for fear they have been previously asked????
So should user's post questions that have been answered many time before?
Or should they actually spend some time reading before asking other people to act as their lackeys?
The site is the laymans guide to Family Law not the Lazy persons guide
Secretary SPCA said
I think we need to remember that there is much material missing still from the site including whole rafts of the main menu content as well as the library and perhaps a new member who has arrived for the first time is not directed as clearly as they could be.

One thing that could be done to assist new first time members is an intro video in the forums as to some self help or a short one on one direct chat through the chat module with an assigned moderator.
 

Last edit: by Secretary SPCA

jacklantern said
Hi.  My lawyer just put in papers to the federal circuit court for shared care of my son and daughter who are 18 months and 6.
I assume your Daughter is six years old. Thanks for this post because this is not a straight forward situation and we often ponder these sorts of scenarios when we are trying to create court orders.The first problem you have is the age disparity and in particular buby
jacklantern said
He said that I have a good chance of getting shared care but I might not get it straight away for my son.  I don't get why if I can get shared care that this won't be for both my kids?
What you need to do is start doing a  little bit of reading and some searching using the site search. I detect you are a new entrant into the Family Law area and there is the first matter of Shared Parental Responsibility which I suspect your solicitor refers to as  "Shared Care". You need to understand what the difference is between those terms. If after a bit of time you have not discovered the difference let us know and someone will point you to some posts.

Secondly you have a long way to go in the Federal Circuit Court if you are just starting. There is a process of "Interim Orders" and "Final Orders". This process can be lengthy, time consuming with many "Mentions" or "Directions Hearings" along the way. Many affidavits, applications, orders and expensive family report to be provided. Many cases have an ICL appointed which is costly for the parties as you have to pay half the costs for court attendances.

Where parents don't agree, court is an expensive, slow and curious process for those not familiar with it. Do not expect a quick outcome and be prepared to be extremely disappointed at least in the early stages.

We do not know the circumstances and or details and a six month old is not going to be removed from mums care unless there are very serious mental health or abuse issues. There are hundreds of posts here on these forums about dealing with young children and babies.

The Law says you have Shared Parental Responsibility (s61DA) by default. It does not say you have shared care (time) by default (s65DAA).

You need to read carefully both of those sections in the Family Law Act and most certainly review a lot of the forum material. I am working with others to get our library and publications back together as soon as possible as much of the new site is still being developed and we are still transferring material from our old site. I would not expect to have our library completed before the end of April. If you are looking for something and cannot find it using the search functions then ask in the forums and someone will direct you to where you should look :cool:.
 

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Mr SPCA after all the private discussion on here about some Lawyers, let's hope his solicitor is not one of those that does 2 Family Law cases a year and spends the rest of the time on conveyancing and traffic stuff. If his solicitor does not know the difference between 'shared care' and 'shared responsibility' then he is in for a hard time in the Courts.
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