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Can a Judge Vary Consent Orders?

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Gudday. Can a judge order to change consent orders (11/2006) to shared custody (from 75/25) if there is still parental conflict; nteachers who are documenting child has stated to them & cried they don't wish to go to other parties home, and nothing else has changed? Other party has mentioned court. 10 year old is confused & when it was explained to her she became extremely upset saying this was not what she wanted. I believe it has been has been suggested to her and she feels too intimidated/confused to express her feelings. Any advice on what Courts do in these situations if it eventuates?

Thanks. Mich
A Judge can do whatever they feel like and they don't have to give specific reasons for their decisions. Family Law contains some of the most powerful Legislation in this country. Be careful.

How?

Fairgo said
A Judge can do whatever they feel like and they don't have to give specific reasons for their decisions. Family Law contains some of the most powerful Legislation in this country. Be careful.

Um, I'm confused. What is this threshold test? Can anyone after consenting to substantial & significant time just go righto I'm gonna get things changed. Is remarriage, more kids a factor. How can 1 parent just say ok we're a new family, game over I think we can do it better than y(ou on your own? I thought w  consent orders were made which have been adhered to with contact, wouldn't be subject to chane that easily. Is it true that one can just get cranky when they don't get their way on everything and threaten you with court and 50/50 again?
If there has been a significant change in circumstances then yes orders can be looked at again by the court. This can included situations such as the wishes of the children, relocation and yes new families etc.... Do some searches on here on this topic - the Rice and Asplund case comes to mind.
Thanks. Can you lead me somewhere more specific pls. I checked spent hours in a wormhole of rice and asplund yet am even more confused. It gave me dreadful anxiety mate. I'm struggling that after all this time the ex thinks it's a good idea to change things. Ok new family, more kids over there but how can it be in the best interests of a child to turn her life upside down again, when school says she openly says she doesn't want to go, she tells me that on occasion, and the ex will do and accuse me of anything each time they don't get their way. With work, new kids etc, how would that be better given theirs already high contact, we don't speak, and she does dancing 3 times per week and I doubt that'd be able to be managed etc. I don't even know where to start??? I'm told she mentioned to the ex I don't want to do this. And am confused about a family report. It seems they all advocate at least 5 nights per fortnight or equal time regardless of the Childs wishes or the impracticality and constant disruption. Can I just be outed after I've spent 5 years ensuring contact occurred?
Guest said
 Can a judge order to change consent orders (11/2006) to shared custody (from 75/25) if there is still parental conflict; nteachers who are documenting child has stated to them & cried they don't wish to go to other parties home, and nothing else has changed? Other party has mentioned court. 10 year old is confused & when it was explained to her she became extremely upset saying this was not what she wanted. I believe it has been has been suggested to her and she feels too intimidated/confused to express her feelings. Any advice on what Courts do in these situations if it eventuates?

I don't believe a court is going to interpret 'ongoing parental conflict' as a change of circumstances. You need to be mindful of the child's views in this instance. The child's view might influence  the outcome of parenting arrangements should the child express a strong view and that view be deemed to carry weight. The child's view might work against your application for increased in custody share.

4MYDAUGHTER
As far as I know the Federal Magistrates Court doesn't deem remarriage, birth of other children as being significant change of circumstance because they're a common occurrence after parental split. Were this the case anyone could go back tie up the courts just because they got married.

4mydaughter, yes I agree that unless the child specifically wanted 50/50 it may go against the applying parent. As for on going conflict. I'd imagine living week on week off would be hard enough for a 10yr old after 5years or so unless they are really wanting it. At 10 I doubt a court would place heavy emphasis on the Childs views.

If there was even a hint of doubt then nothing would change I'd say and you run the risk of paying their legal costs? It's dicey. Personally there'd have to be stellar reasons for such a change otherwise we'd all be back in court trying to change things.

If you have substantial time (ie. At least 4nights a fortnight & Holidays) then leave it. It's just not worth the areas, grief, agony of court, a huge legal bill, and more than likely losing anyway. Most importantly remember how traumatic all of this will be for your daughter if you press p. And it's not what she feels comfortable with.

Last edit: by Secretary SPCA

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