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The parenting orders between myself and my ex-wife regarding access to my daughter were drawn up when I was living in Perth.  Weekend access etc.  I now live in Melbourne with my new wife, my step-children and my two new children with my new wife.

My ex-wife is refusing to agree to a change in the orders allowing me to bring my daughter out to Melbourne for any amount of time.  I sought a change in the orders back in late 2003 when I first moved to Melbourne, but the outcome of the mediation was that I would more or less wait out the next year or so, with all access to be in Perth, with my daughter to get to know my new wife better.

This has been done, with regular contact visits facilitated by myself (and at my own expense), regular phone calls and my daughter getting to know not just my wife, but her step siblings and her two new siblings as well.

In good faith did we wait for my ex-wife to come around, but she has not and she has made contact all the harder for me, telling me that if my 5 year-old daughter decides at the last minute that she doesn't want to do something, it is her right not to do it - which is what is happening right now.

If I move to take this into court, what sort of outcomes are possible with the onset of the new shared parenting legislation from last year?
One of the SRL-R people has run a couple of Interstate cases.

He is away for a couple of weeks - perhaps if you intend running the case yourself you should post in the SRL-R area of the site.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Has this post been dealt with adequately?

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
 
Well, I wasn't intending to self-represent - haven't seen enough feel-good success stories for SRLs for me to take that sort of chance!

As luck would have it though, I found myself eligible for Legal Aid and my lawyer has already taken the bull by the horns as it were, which is great - will see how it goes.

Apparently if there is stalemate and court is required, it would have to be in Perth - I believe the rule is that if no agreement can be reached, it will default to the court closest to the residence of the child - which I guess makes sense.  Saying that, could I attend court via teleconference?

I think at the end of the day, I will be grateful for any guaranteed time with my daughter - I was just concerned about getting my expectations too high.
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