QLD Interpretation of Family Court Orders?

[Tisbutaname45]

If you have a court order that says:

"The court orders until further order:

1. that the child spends time with the father as follows:
a. Commencing 19/1/19 and each alternate weekend thereafter:
i. from 9:30am on Saturday to 5:30pm on Sunday

b. Commencing 22/1/19 and each alternate week thereafter:
i. from 5:30pm on Tuesday to before daycare on Wednesday:

c. Commencing 1/3/2019 and each alternate weekend thereafter:
i. from 5:00pm on Friday to 8:30am on Monday; and
ii. The father is to organise travel arrangements for the child to
arrive at her aunt's house by 8:30am on Monday. "

.........................................................................................

My understanding that there is no order here which cancels the order 1.b and that the orders relating to time spent from Tuesday 5:30pm remain until any further order is made.

As at 1/3/2019, the child will spend each alternate weekend from Friday afternoon until Monday morning and each alternate Tuesday from 5:30pm until 8:30am on the Wednesday morning.

Who do you take this to if your own solicitor says that time spent overnight Tuesdays cease?

 

[Atticus]

I agree with you..

There is no order (quoted) in relation to the Tuesday to Wednesday time period ending. I can't see why your solicitor would say it should end..

Is the other parent saying it should end?... My only suggestion is that you call court registry office and inquire who to speak to have it clarified if it's a problem.

 

[Tisbutaname45]

I agree with you..

There is no order (quoted) in relation to the Tuesday to Wednesday time period ending. I can't see why your solicitor would say it should end..

Is the other parent saying it should end?... My only suggestion is that you call court registry office and inquire who to speak to have it clarified if it's a problem.

The mother is saying it ends and then the father asked his solicitor who agreed with the mother! The mother has no solicitor but is a vexatious woman who is intent on not letting their child have a meaningful relationship with the father - and the father filed the Initiating Application with a Notice of Risk - no one took any notice of it - the wife submitted an affivavit full of lies, accusations of drug and alcohol abuse - the father doesn't even smoke or drink - and her opinions of him suffering PTSD and mental health issues, which a Doctor has confirmed he does not suffer with.

I do not know or understand why but no one is giving the father any credit. He has affidavits in support of all of his claims proving her lies but I do not think his solicitor has read them either - they say "they are just allegations" but they are not. The wife's statements are allegations made knowing to be false. She lied at the first court hearing and a few days later, the father asked the mother why she lied, and she said the Courts believe the mother!

The solicitors have advised the father on another issue within the court orders. The orders included him going to get a referral to enable him to undergo drug and alcohol testing should the mother ask for the test through his solicitor. However, the solicitor insisted he go and get the blood test and the wife had not asked. I think they backtracked on that one and said he should just go and get the referral, another expense he cannot afford!

Previous Court Orders were made for the mother to bring the child to a Children's Lawyer. The mother arrived without the child! She is so contemptuous and the father is just doing the right thing. The Children's Lawyer recommended joint care and equal time spent with the child.

The father's solicitors know that the judge said she was making orders to ease the child into the new parenting arrangements so that over a 2 month period, care would go from 1 night per weekend to 5 nights per fortnight. But they are telling the father that the Tuesday night ceased with order 1. c. i

This is so wrong - the whole matter has been dragging out since September 2017 and the father has been missing out on his daughter's growth since she was 18 months old.

Court Registry will only deal with procedural matters. The father needs someone who will fight for him but more importantly who holds the child's best interest as the predominant goal!

 

[sammy01]

Yep I reckon the solicitor has it wrong.
Just out of interest how old is the child?

I'd suggest you remember - the solicitor follows your instructions. So you can tell solicitor to write to the ex and tell the ex that she needs to comply with order 1.b.

$300-$400 To get another solicitor's opinion might be $$ well spent?

 

[Atticus]

The father's solicitors know that the judge said she was making orders to ease the child into the new parenting arrangements so that over a 2 month period, care would go from 1 night per weekend to 5 nights per fortnight.

In light of that then reducing time spent by 1 night is totally contradictory to the judges intention. If for some reason the intention actually was to cease the Tuesday night stay when the longer (c) came into affect, then the orders would clearly state that. Very odd that your lawyer sees it different.

 

[Tremaine]

I agree with the above, I think the solicitor has it wrong.

If an order is meant to be discharged, there will be an order, or wording within an order, to discharge it.