NSW Demonstrating Equal Parenting Time to Family Court Judge?

[finoallefine43]

Hi,

We are now in family court proceedings and have our next hearing on May the 26th.

The judge has kept the interim orders from Feb 2017 which heavily sway in the mum's favour - what are the best things I can do to demonstrate to him for us to go back to a return to equal parenting as I would like to have the children back in our initial 5 on 5 off arrangement as they constantly tell me they want equal time with both parents.

- Character ref from the school principal as I have been active with volunteering and attending school events?

- Getting the children assessed by a clinical psychologist?

Regards

 

[Lance]

Hi,

Those things couldn't hurt. The problem with the clinical psychologist is that its requested by you so the court will take it based on that. I have a feeling it will be the same with anything you present to the court to support the action. I take it that you and your ex cant come to a mutual agreement on the 50/50 agreement.

How old are your kids? The older they get the court usually gets more reasonable about shared custody. When they are young you need to establish that its in their best interest.

The following conference paper from the family Court of Australia while a bit old might give some useful information Recent developments in shared parenting and joint custody: A Personal View from the Court - Conference Paper - May 2005 - Family Court of Australia

 

[sammy01]

can you give more details? age of kids? how long you had 50/50 why it changed?
What do you have now?

So it is all about best interest of the children... so establishing that you can effectively co-parent with mum is gonna help your cause

 

[finoallefine43]

can you give more details? age of kids? how long you had 50/50 why it changed?
What do you have now?

So it is all about best interest of the children... so establishing that you can effectively co-parent with mum is gonna help your cause

We had 50/50 from last Sept to Jan when she decided to withhold the girls during the school holidays and made lots of false allegations of family violence and so when we had a hearing my lawyers advised me to accept her interim orders which I regret now but was advised cos of her allegations the judge would sway towards her.

The girls were happy with the routine and ask why they can't see us both equal amount of time like before.

 

[finoallefine43]

Hi,
Those things couldn't hurt. The problem with the clinical psychologist is that its requested by you so the court will take it based on that. I have a feeling it will be the same with anything you present to the court to support the action. I take it that you and your ex cant come to a mutual agreement on the 50/50 agreement. How old are your kids? The older they get the court usually gets more reasonable about shared custody. When they are young you need to establish that its in their best interest.
The following conference paper from the family Court of Australia while a bit old might give some useful information Recent developments in shared parenting and joint custody: A Personal View from the Court - Conference Paper - May 2005 - Family Court of Australia

The girls are almost 6 years old....it seems like I'm destined to accept they will become final orders which is bulls**t! My ex its all about supremacy zero about the kids - and then once they are made final orders she will go in for the jugular with child maintenance...

 

[sammy01]

So what sort of time are you currently getting?

Look accepting the interim orders is a good idea (generally). To get good information here you really need to give lots of details - no names but paint the picture.

How long since separation? Has asset division been done?

 

[AllForHer]

A quick rundown of our situation: original arrangements were 5/9, dad met new woman, mum withheld child for six weeks, dad filed for orders after signing a 3/11 parenting plan for the same reason you did, plan was made into interim orders, then even though mum was very reluctant, we ended up with 7/7 as consent orders. The child was 3.5 years of age when proceedings started, and 4.5 when consent orders were made.

So, first, the views of six year olds won't be given much weight in Court. Indeed, the Court might be inclined to wonder why it's being discussed with them. Just because kids say they don't want to go to school doesn't mean you let them stay home.

Second, in addition to equal time being actually workable (you can get them to and from school, your home is suitable, etc.), you also should try to show that you and mum can communicate well enough for equal time to work. Do you have evidence of your ability to resolve disputes or reach agreements in the past? Changes to care schedules, school enrolments, enrolment in extra-curricular activities, etc.? Have you communicated about doctors appointments etc.? It doesn't have to be perfect - the Court realises that people are exes for a reason, after all - and you should concede where there are difficulties, but if you've got proof that things can work, the Court will be more inclined to ask the mother why not, rather than ask you why.

You might also look to the time when equal time was working and ask the school for report cards pertaining to that time. If they performed well, that's a good show of their ability to cope and flourish in an equal time arrangement.

I don't think you should take the kids to a psychologist, especially without mum's consent. The Court doesn't take that too well, because it shows that you will unilaterally make major decisions about the kids medical needs without consulting mum.

You're not in Court to sell yourself as a good dad. You're there to show the Court what you feel is in their best interests.