WA Does a Verbal parenting plan override a court order ( if the verbal has been followed for 2 years )

[donna81]

I am looking to relocate ( 2 hours away ) and wish to revert back to my original court orders that were followed for 3 years. I had legal advice that my new verbal parenting plans supersedes the court order ( even though not signed ) as we had a new care roster for 2 years. Now I want to go back to the original court order care days, and move. I was told I need to apply for a relocation order, even though Im not asking for anything in the current orders to be changed. Only the verbal agreement.

Can I move or do I need a relocation order as reading the legislation - looks like I don't ?

 

[sammy01]

How does the relocation effect the other parent's time with the kids?
So if the orders were never signed, then they're kina irrelevant.
Let me get this right. You had an agreement, you stuck to that for 2 yrs. Now you don't wanna stick to that agreement? And the other parent should just wear that? U'm... Seems a bit crook just on that basis.

Regardless, if the relocation is going to impact on the other parent's time with the child then that is a problem and you would do well to seek an agrement with the other parent and if that can't be achieved then you ought to apply to court. If you just up and moved, then the other parent cold seek a relocation order. If that happened then YES the recent history (the verbal parenting plan) would be of more interest to a judge than court orders that have not been followed for 2 yrs. Given the court orders were never stamped by the court, the judge would have even less interest in those orders.

 

[Atticus]

I had legal advice that my new verbal parenting plans supersedes the court order ( even though not signed )

Not true.

A parenting order can only be subject to a later PP if that PP is dated & signed. >>>> FAMILY COURT ACT 1997 - SECT 85A
I agree with @sammy01 .... You need to seek an agreement regarding relocation.

 

[donna81]

The Court orders were signed - dad only wanted them 2 nights a fortnight. These were followed for 3 years, We both had moved and end up closer to each other and the dad picked up to 4 nights ( verbal Agreement ) . I have offered additional time on school holidays and anyway to keep their relationship. We would just be sticking to the original court orders ( that didn't bother him for 3 years )

Yes at the moment he isn't agreeing but I am moving for a new relationship and also have a great support network to where Im moving.

 

[sammy01]

how old are the kids?
Options.
1. Move without consent and hope dad couldn't be bothered applying to court.
2. Stay
3. Apply to court for permission to move.
4. Offer dad the opportunity to become primary carer and you move without the kids and hope the bluff causes him to consent.

 

[donna81]

Kids are 10 & 12.
Staying would be bad for my mental health.
Dad won't leave high paying mining job to watch kids full time.
Apply for permission - This is my question : Even if the original Court Orders don't change. ?

 

[sammy01]

Ok, so the agreement - that is the thing that has been happening is more important. The courts work with what has actually been happening NOT what was agreed but not implimented.
So you have a few options.
Now I reckon I'm a bit of an expert in relocation cases. I was concerned my ex would do the same. Even with court orders that said no relocation, she still gave it a red hot go. Eventually she left the kids with me... But I read lots and lots of relocation cases. If there is one thing I've learned from all that reading is that I have no idea how successful your application is likely to be.
Have a read - these are all relocation cases.
AustLII: 1,602 documents found for (relocation)
Stop when you start bleeding from the eyes.

 

[Atticus]

Apply for permission - This is my question : Even if the original Court Orders don't change. ?

Before you could bring an application to relocate before a court, you will first have to satisfy the pre action requirements of mediation. I suggest you call an accredited mediator & make an appointment. They will call or write to him & invite him to participate in mediation. In mediation you can hopefully establish what is in contention, ie, exactly why he doesn't want you to relocate... It may be that with some concessions on your part to facilitate visits an agreement can be reached.

You can then either agree to have a formal parenting plan drawn up which will supersede all or part of your current orders, or agree to a new consent order to replace the existing one. If mediation fails, you will be given a section 60I cerificate that will allow you to apply for a relocation order.... Not a quick process & no guarantee a court would agree to the relocation anyway, so you really want to put effort into finding out the main issues at mediation, & explore what arrangents can be made around visits to get his agreement.