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What do we need to do?

Thanks for all your help. This will be reposted once i have membership into the other section.

Last edit: by Miacat

Mediation to start with.

You have orders so if the other side digs in their heels it would mean a return to Court BUT (see the other forums) you have a 'Change of Circumstances' issue (Rice and Asplund) to overcome. This is an uphill battle at the best of times and very difficult when it is so close to the other orders date.

Try to get an agreement through mediation and lodge as Consent Orders

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Thanks for all your help. This will be reposted once i have membership into the other section.

Last edit: by Miacat

Miacat said
New user, so a bit of background.
I would suggest that you move to a private forum to continue discussions with the SRL group. It is very important that personal detail is not provided in the public forum..You will need to go to the Community area and select SRL and join their group. There is an interview and questionnaire requirement but I think it worthwhile for your situation.

Miacat said
So now we are thinking, maybe every second Saturday is not enough time. But how do we get more, do we have to go back to mediation? DP was thinking every two out of three Saturdays? How likely is this? DSS is 19 months old now, and DP has been having regular visits for almost 6 months (the six months before this were infrequent and short).
There are some options. If you have been to mediation after July 1 2006 then you should be able to lodge in the Federal Magistrates Court. A letter will be required as opposed to a certificate. I suspect that your mediation was earlier than that. You can definitely phone the court hot line which is a very worth while experience. It is extremely hard to get back to court once you have orders. As my learned colleague suggested the provisions around ancient case law Rice and Asplund are draconian. We are seeing some of the newer more agile Judiciary making orders where there has been minimal change on their merit and I have personally heard Justice John Faulks the deputy chief justice of the Family Court say that they would rather hear about the circumstances than not have the matter heard if there is a very real need for new orders.

We are working on some changes to the law with the SRL-Resources group but we expect it to be a long haul during 2008 as we need to start all over again with the new Government. There have been some guide lines published as to what does meet a "Change of Circumstance" here on the site and some of the closed forums have information that partially could be provided. There is some public material available so do a SEARCH using the FORUM search button. I don't think you will be dissapointed and we are actually seeing a number of solicitors using this resource.

Miacat said
The orders say that pick-up/drop-off is to be shared, but not any specifics on where it is to occur.
Yes a complete waste of time getting orders like that. Unfortunately they need to be very specific and usually the Judiciary are quite careful in this regard. They have seen cases come back where orders are unclear. This gets worse as the other parent moves on and things in their lives change as in this case a new partner. Orders are absolutley essential when one party is inflexible. Asa  matter of interst 2 Saturdays out of three is hardly much and we encourgage as much time as possible is in the childs best interest. It is importnat (And the courts usually agree) that a lot of short frequent contacts is very important for younger children. Michael Green QC has a great book on sharing parenting even very young children. But whatever you do think carefull as in general the orders have to last until the child is 16 or 18 years of age.

You most definitely need an order for "Shared Parental Responsibilty" if you are going back.


Executive Secretary - Shared Parenting Council of Australia
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Wow, thanks for that reply. You people really know your stuff. I wish i had of found this site BEFORE i did up the orders.

I will put in my application to join and remove the details in this post, thanks for the advice.

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