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Changing Consent Orders Dated 2004

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Any suggestions ?????

Finally found somewhere to rest my weary head! Consent Orders dated AUG 2004 which I had no choice but to agree with after 3 years of Courts and over $160k. I am the weekend mum… long story including an ex who successfully and forcefully took my kids from me then protracted proceedings for as long as it took to gain "status quo".

I signed consent orders and have my 2 children 3 weekends out of 4 each month and half holidays. Basically 50/50 really. But I have never had them over on a school night. I have been effectively cut off from all school life.

My son aged 11 is in his last year at primary and starts high school next year. Both he and my daughter want the week by week and have wanted this for about 3 years. I have asked the ex, begged the ex, and cried to the ex. He states he doesn't think it's good for the kids. I am a convenient babysitter for him on weekends.

Been to FRC they gave me a certificate stating something about him not being cooperative then scooted me out to seek a lawyer. Well after my horrible experience, many court appearances including self represented, there is no way I will go to a lawyer again. My ex won't budge. Even after the lies and abuse I get along with him for the kids sake. I am even very nice to his girlfriend.

I have heard from my son that he enrolled him in a private school and has not consulted me at all, even though orders state he must. ( long term welfare etc) He does not work hasn't for many years. How he is going to pay i don't know I can't pay anymore maintenance!

I want to vary orders to have my children during the week on a week by week basis. I know about the "test". But how on earth do I prove a change and do I have to with a consent order?

Any help would be greatly appreciated.

Thanks, The Mom

IIIBETTER Not BITTER III
One method could be to start a contravention against the father.

You would really need more than one to try this method.

If you can get it to court the FM just might be willing to alter (not change) the orders.

Also be aware that your kids will soon have a big say in what they want to do (their age).

This can work for you and against you.

Monti

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Alter, change, or vary all the same to me! I find contravention orders a waste of time and money. Always something the respondent can fall back on and a slap on the hand is a common remedy for this breach.

I agree with the children now 9 and 11 it'll soon be time that they will talk with their feet. In the meantime though they are unhappy with the arrangements.

My son shares a  very small room with his sister where he lives with his dad darn he's going through puberty not that his dad has noticed!

I don't want my children ostracised from their dad and I do NOT want to upset their dad.

It is an emotional roller coaster for us.

Thanks for your reply :)

IIIBETTER Not BITTER III
The Mom said
I find contravention orders a waste of time and money. Always something the respondent can fall back on and a slap on the hand is a common remedy for this breach.
A contravention does not universally mean a slap on the wrist and a 'reasonable excuse' really has to be just that.

The majority of contraventions that fail are either ill conceived, badly written or lack proper supporting material. The amount of contraventions we have seen that have failed due to sloppy paperwork is sometimes alarming.

There are many judgments on this site about the penalties imposed by some FMs and Judges.


SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.
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