SA How to Amend Consent Orders?

[whoablackbetty]

Hello,

I am self-representing as an applicant father. I had first hearing today with only prior parental agreements in place, to which we agreed to consent orders in relation to a brief amount of care I already had pending a section 11F conference at the end of August.

My question is, I signed and agreed to these consent orders prior to knowledge of the next court date which is scheduled for September. I have had a family holiday booked since January this year scheduled to take place at the start of August (given notice and itinerary to the mother in January of this year) that includes my child whom the consent orders concern, however, it did not occur to me to add it in this consent orders as it was just temporary until the adjournment.

Likewise, with school holidays, for the last three years un-disputed I have had half the school holidays, again this consent orders is very brief and doesn't include this. Should I best to contact the mother's lawyer or the mother herself in regard to making the added fields? Or better yet get a move on an urgent application to the courts?

 

[sammy01]

just checking some terminology...

I think you have interim court orders not consent orders. And you will get final court orders once the case has been determined by a judge.

That being the case, write to her solicitor and mention that you'd appreciate if the interim orders could be amended by agreement to include the holiday and the school holidays. If the ex doesn't agree, you're gonna have issues. Nothing stopping you from contacting the mother but only if you guys have some degree of common decency towards each other. And the fact that you're currently fighting in court suggests this isn't the case.

 

[whoablackbetty]

Nope, definitely not interim. They say "By consent it is ordered during the period of the adjournment" and then 8 brief orders.

 

[sammy01]

Ok - so if the solicitor hasn't submitted them to the court, you might have a chance of discussing amendments. If not, then you're up to the good will of the ex.

 

[MartyK]

Seeking shared care? No communication restrictions? Trying to be amicable? Nice, polite, blame free text to the ex. Mother says yes? Good. Mother says no? Polite thank you text and if you like, a follow-up letter to her lawyer advising, not re-asking, about the communications.

Violence Orders? Communication restrictions? Being cautious? A brief, to the point, polite letter to her lawyer emailed as an attachment. A lot of Family Law lawyers, even the ones that are full on, will try to assist their clients to be reasonable if they think it is in their clients' interests for Court or if they view the other party as being reasonable.

Return date September? Make sure you have a copy of the orders you are seeking in front of you next time you are entering into any out of Courtroom negotiations. Other agreements between Court dates do not need to be added to the Consent orders. Keep copies of all communications.

 

[whoablackbetty]

Ok - so if the solicitor hasn't submitted them to the court, you might have a chance of discussing amendments. If not, then you're up to the good will of the ex.

The 8 brief orders that were signed yesterday were submitted to the courts, but these other dates were not brought up for discussion from either party. To be hones,t I think the other party didn't think to include them either, it was more getting the regular nights a fortnight on paper during the adjournment so the mother could not withhold anymore time.

I sent an email to the lawyer stating the dates that were not discussed, however, previously arranged and asked if she could discuss them with the mother. Guess it's just a wait and see now.

 

[whoablackbetty]

Seeking shared care? No communication restrictions? Trying to be amicable? Nice, polite, blame free text to the ex. Mother says yes? Good. Mother says no? Polite thank you text and if you like, a follow-up letter to her lawyer advising, not re-asking, about the communications.

Violence Orders? Communication restrictions? Being cautious? A brief, to the point, polite letter to her lawyer emailed as an attachment. A lot of Family Law lawyers, even the ones that are full on, will try to assist their clients to be reasonable if they think it is in their clients' interests for Court or if they view the other party as being reasonable.

Return date September? Make sure you have a copy of the orders you are seeking in front of you next time you are entering into any out of Courtroom negotiations. Other agreements between Court dates do not need to be added to the Consent orders. Keep copies of all communications.

Hello Marty,

There are no communication restrictions, family violence or anything incriminating of the fact. My application was due to the mother withholding care when she didn't get her way or a response she wanted. The orders made yesterday were just to state the current fortnightly arrangement and also noted extra time outside these that may be agreed between the parties during the period of the adjournment.

I had disputed them because prior to the mother being served her documents I had 5 nights a fortnight and half the holidays. Once the mother was served her paperwork 3 months ago, the mother dropped my care to 4 nights and half the holidays. I requested that my 5 nights be reinstated to which the judge asked the other party to consider it as a trial till the section 11F conference, however, they still refused. The judge made a note of it to be brought up at the conference.

There was no mention of the family holiday or school holidays from either party, it did not occur to me until after noting the date of the next hearing. I do not think either of us thought the next hearing would be so far away. I have sent the mothers lawyer an email asking her to discuss these dates with the mother.

This is a court situation now, so what was amicable and agreeable at times from the mother prior most probably will not be now!

 

[MartyK]

I'm taking that the 5/9 arrangement before the mother withheld was by agreement? Otherwise this would have been brought as a contravention?

Yes, if you have taken her to Court she is likely to be less amicable and agreeable. I was referring to you. It's only the beginning and if your goal is shared care, or continuing shared care in your case, the way you approach issues is important.

You said there are no incriminating issues. Has she asked you to direct all communications to her lawyer? If no, just be mindful that sometimes bypassing the other parent with lawyer communications and no attempts at parent-parent discussions can increase conflict further and on occasion, especially after long drawn out proceedings, lead to certain orders not being made because of it.

 

[whoablackbetty]

I'm taking that the 5/9 arrangement before the mother withheld was by agreement? Otherwise this would have been brought as a contravention?

Yes, if you have taken her to Court she is likely to be less amicable and agreeable. I was referring to you. It's only the beginning and if your goal is shared care, or continuing shared care in your case, the way you approach issues is important.

You said there are no incriminating issues. Has she asked you to direct all communications to her lawyer? If no, just be mindful that sometimes bypassing the other parent with lawyer communications and no attempts at parent-parent discussions can increase conflict further and on occasion, especially after long drawn out proceedings, lead to certain orders not being made because of it.

Yeah, the 5 nights was a part of a parenting agreement, which was supposed to be made into consent agreements. However the mum refused to sign every time. This type of thing has been happening for 3 years so I have finally had enough.

Yes ,final goal is for shared 50/50 care. She hasn't directly asked to deal with her lawyer because up until 5 days ago, we were not aware that she even had one as she refused to hand details over! I have a solid feeling that any request made to her from now on will result in her telling me not to talk to her about it!

It is not necessary for too much communication during the adjournment, however, these dates are important. Just unfortunate that neither of us thought to address them yesterday.

 

[AllForHer]

What you've signed by consent are interim orders. Did you have any prior orders? If so, do the new interim orders explicitly state the previous orders have been discharged? If not, the prior orders remain in effect in addition to the current orders.

If the mother refuses the request, you can file an application in a case seeking to amend the interim orders to allow for the holidays. It will need an accompanying affidavit to show why the additional orders are in the best interests of the child.