QLD Clarification of 'leave' note in current orders

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JadeGoldCoast

Well-Known Member
7 October 2017
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Hi all,

It's been a while since posting.

If my partners orders currently state "It is noted: that if the mother is unable to ensure that the child has attended 90% of the school days while the child is in her care, then the father has leave to commence proceedings with the view to having the child's residence changed to live with the father during the school time if the child has attended atleast 90% of the school days whilst in his care" does this mean we can apply to court without mediation or do we still need to apply for mediation prior to applying for court?

Thanks!
 

Atticus

Well-Known Member
6 February 2019
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299
2,394
Leave to commence proceedings means the usual pre action requirements of mediation are dispensed with.