ACT Family Court - Do Orders on Affidavit Sound Reasonable?

[koorawatha]

1. My16-year-old borderline intellectually disabled grandson (H) has been living with me for the past 14 months. I originally had 20% care of both boys. I filed a contravention application because the mother prevented me from seeing L, the 13-year-old. The previous order were set aside (contravention not addressed) It is now back in family court.
   
   On my latest affidavit under orders sought could I say:
2. 
   Orders sought
   1. That the Young person, H, aged 16, have the ability to decide where he lives. He is to live with each of her mother and grandmother as may be negotiated between H and his mother or Grandmother from time to time.
      
      
      
   2. In the event that H, chooses to make contact with the Mother, or other family members, arrangements to spend time and/or communicate may be made directly between them.
      
      a) During school holiday periods in accordance with H's wishes;
      
      (b) At other times as agreed between the Mother and H.
      
      That H spend time with the mother in accordance with his wishes".
      
      
   3. That regular contact between paternal grandmother and L be restored

 

[sammy01]

Yep, sounds good. But what about the other child? Courts like to keep siblings together... My other concern is H's ability to make decisions because of his disability. But for the disability, what you've written sounds good.

 

[koorawatha]

Yep, sounds good. But what about the other child? Courts like to keep siblings together... My other concern is H's ability to make decisions because of his disability. But for the disability, what you've written sounds good.

The 16-year-old has lived with me since he was 15 & the other child who is 13 lives with the mother.

Because the mother contravened the original orders, I have said in orders sought that the regular contact between the paternal grandmother be restored.

I still do not know why the contravention application was not addressed at the first court appearance on 1st June 2016.

He has his learner's permit and can make decisions for himself and knows what he wants. He refuses to see or even speak to his mother.