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Topic #1341 (no title)

If both parties had an understanding as to what the orders were to state, a joint application for the orders to be reviewed should be a formality.

The entity you referred to as "they want to have a conference" is not quite evident.

Letters by both parties to a school (if that is the "they" reffered to) might be appropriate.

Judges do get it wrong. That is why there is a review process.

Address your concerns if possible to the judge's associate if you are able. Set out what the concerns are and see what comes from that.

If you were represented then the ineffectiveness of the legal industry is evident.

Wherever possible make these enquiries promptly and be constructive, not critical.

Good luck!

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
Is there a standard templates of orders that people can refer to which coveres as many variables as possible?

If not what about developing a working model here that is clear and lacking ambiguities, giving parents and legal people a base to work on. It would also relieve a lot of the cost in having one prepared by solicitors if parents could say well I want "tick" "tick" "tick" but not "cross" "cross" and need to add etc etc.

When you are swimming down a creek and an eel bites your cheek, that's a Moray.
The legal industry do have precedents to rely upon in drafting orders for Property matters. They regard them as "recitals". They are published in "loose leaved" publications found in the Sydney law library and perhaps the other big libraries with law sections.

The recitals provide and/or/if variations of a topics theme.

They can make a solicitor or barrister look effective, even though they are plaigerising.

From published judgements, the orders might be plaigerised, modified, conceptual frameworks to begin with.

It is my understanding that there is an Orders generator being constructed for this web site. Mr Agog has mentioned this previously.

The opportunity to influence the outcome of one's case can be influenced by the "minutes of orders" that can be handed up to a judge or court offical during a hearing. Writing orders into applications is the first instance where the influence can be sought to be exercised.

Observations suggest that judges rely upon orders sought as guides. They need to accommodate the orders sought of both sides. They possibly rejoice when consent orders are handedup to them.

Orders in respect of Parenting issues are available in reported judgements, generally early in the document.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
An Orders and Parenting Plan Generator are one of the sites top priorities. Because of the many variables it has been one of the more difficult tasks faced by the programmers and we are still probably months away from the completed beta versions.

With over 50 categories of orders including the all important ones of actual contact there are many variables.

Actually the "tick tick I want that box" is the most difficult area because people often treat orders as a wish list and then in Court have to explain why they want it. "Because it sounded good" does not cut it in Court,




Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
LifeInsight said
Regardless - 42% care was not a bad outcome.
Two questions:

1. Are these orders OK for the children?

2. Can you live with them?

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
LifeInsight said
I got so called final orders and now weeks later they want to have a conference to clarify some issues that have arisen from the orders.
Conference usually means with the solicitors -another money consuming process unless you are an SRL.

Is this a slip rule issue? -  what was said and what is in the orders are contradictory?

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
LifeinSight, what is in the orders with regard to handover?
Sometimes you have to give to gain with hope that the future will bring change, someone needs to set the example and be the mature one.

Fair enough this is what the orders say and no consideration or lea way has been given, this simply identifies how the situations will be dealt with. Write down what you need to in your diary, write a letter suggesting that a change in the situation may best benefit the child and ask if she would consider a possible exchange of time where she picks him up from school and return him at 4.45 pm.

She can have the child at this time as you can if the same happens in reverse, in defense the time between waking and school drop off may not be considered as quality time of benefit for the child, where as after school full of beans when other family members can attend is.

Try compromise if not follow the orders after all in the end this is what has to be done so why not use it to advantage and be gracious in defeat, this will encourage less conflict and may benefit future communication in these regards.

In the future you should be aiming for a proximity of the main concerns of the orders and compromise for the child in the rest but this can only be achieved by a re-assurance that you are not of the same make up as your foe encouraging them to follow your example.

I understand your concerns and your principal but your future is up to you not the written words on orders.

Repeaping what we sow

LifeInsight said
The birthday this year occurs on a day where I am to pick up my child after school. So from midnight to the end of school my child is with the ex, but because I pick my child up at 2.45pm, as per the birthday order, the ex thinks she then can have our child from 3.30 to 5.30pm. I think that my child should just stay with me after school as the ex had already had care from midnight (start of the day) to end of the school day.
If you proceed along the course you are considering you may ultimately make things worse for yourself, at some future stage.  It may be that one day you want some 'out of orders' time with your child (say to attend a family function, a funeral, etc) and the ex will not even consider it, because of this incident.

Of course you might be already dealing with a belligerent and uncooperative woman and extending any consideration may be a waste of time.

The assessment, judgement and decision are yours.
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