SA How to Amend Consent Orders?

[whoablackbetty]

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.

Hello. No previous orders, just agreements made via mediation with no legal binding to them. And the current orders signed on Tuesday do not say anything in regards that any agreement made previously discharged.

 

[AllForHer]

Since the prior parenting agreements are not binding, but the consent orders are, I'd suggest looking at filing an application in a case with the Court to have the interim orders to facilitate the holidays.

 

[MartyK]

I wouldn't see much value, for you, in taking this back to Court between now and September if her lawyer comes back with a response in your favour. School holidays will be covered until that period and you could have the Interim Orders amended to include holidays then.

I am taking this is your first experience with the Courts? Something I would highly recommend for SRL's, if you get a chance, is to go and sit in on some other cases, preferably some with the same Judge that is presiding over yours. It will give you a better insight into some of the arguments being run by the Barristers, who remember are the ones that spend the most time in the Family Courts, and also into the Judges reactions and views towards some arguments. Take notes.

 

[whoablackbetty]

I wouldn't see much value, for you, in taking this back to Court between now and September if her lawyer comes back with a response in your favour. School holidays will be covered until that period and you could have the Interim Orders amended to include holidays then.

I am taking this is your first experience with the Courts? Something I would highly recommend for SRL's, if you get a chance, is to go and sit in on some other cases, preferably some with the same Judge that is presiding over yours. It will give you a better insight into some of the arguments being run by the Barristers, who remember are the ones that spend the most time in the Family Courts, and also into the Judges reactions and views towards some arguments. Take notes.

Hello,

This is my first time yes, however, this judge handled my wife's court proceedings regarding care of her children with their father. This judge is very straight to the point, likes to get things done. There was no winner or loser in her case, so to speak, as my wife wanted her ex to have consistent care with the children, which they were able to agree on most at mediation bar one part, hence court proceedings.

The lawyer had responded, the mother agrees to the family holiday. However insists on changing holidays to be the 2nd week and start at 5pm.

All school holiday periods have commenced the weekend in which falls on my regular contact time, which this school holidays falls on the first week. If I agree to her terms, I would be changing the whole 3-year process, my daughter would miss out on time with her step-siblings as they are court ordered to commence holidays on regular weekend time.

As a result, my regular weekend ceases which means I would not get to see my daughter for 15 days. I don't want to sound nit-picky, but this alteration at the mother's request is not in the best interest of my daughter nor our family home for that matter.

Kicking myself this did not come up for discussion at the hearing!

 

[MartyK]

So she has agreed to the August holiday and half of school holidays but in the opposite week to usual. The 11F and next Court date will precede the September/October holidays, so, in the case of you only agreeing to the changed week for these holidays, the inconvenience would only be short term.

Even if you filed an application in a case it would be unlikely to be heard in time for these holidays. The Court would not view this as urgent. You could agree but make it clear that in relation to all future school holidays you will still be seeking to spend that time with your child in the first week, as has been the case for the past 3 years. Makes you look reasonable, but still states your intentions so there can be no confusion.

If mum remains inflexible in September about this and continues to insist on the second week. Do not agree, raise it in the Court, explain your reasoning for the first week and let the Judge decide. If the Judge is no nonsense as you say, mum would need a good reason to change long standing holiday arrangements.

 

[sammy01]

I'd suck it up and wear it... You could always offer to take the kid for one night during that 15 night stint. My thinking goes that while it sucks, it sucks a hell of a lot less than her refusing the extra holiday time.