QLD Variation to Parenting Order in Family Court?

[Adam101]

Thank you, everyone! I have an appointment with a lawyer in a week. As stated, this is the internet, however I believe all of you are lawyers or have been. Thanks again

The lawyer just called. Well that's 15 mins. I will never get back. $5000 just to get foot in the door. Told I would lose if I tried by myself as a barrister would out do me.

Question: Do fathers do this on their own? I am a financial planner, I can read acts, is it possible? Thoughts?

 

[AllForHer]

Well, my husband represented himself in family law proceedings (with my assistance) and ended up going from the 'agreed' three nights a fortnight to week-about equal care. With that said, he and his ex settled by consent two weeks out from their trial date.

With that said again, about 95% of cases that are initiated in Court do end up settling my consent, and considering the history of cooperation, yours will most likely be one of them. You can represent yourself until you get close to trial and then engage a lawyer toward the end, if you're worried, but there's a very good chance you will end up agreeing to consent orders, rather than going to trial. Remember, it's going to cost mum money, too, and she probably won't want to spend it.

If you go in seeking primary residency and sole parental responsibility, yes, a barrister is likely to best you, but if you go in seeking equal care and shared parental responsibility, you stand a much better chance of getting the outcome you want (or close to), even if self-represented.

But yes, if you have the time, patience and willingness to learn, you absolutely can represent yourself.

 

[thatbloke]

I can give you one piece of opinion that you should really stick with. Don't move to Toowoomba, it's a dump. I live on the edge of Brisbane :-D

From what you have said so far, unfortunately, I now think that there is no actual contravention as such, unless you are not getting the time as signed off in the last consent orders. You could possibly bypass mediation for an application if this is the case and Mum's unilateral move has made the working of the orders impossible.

Sorry if I missed it but are you getting your every 2nd weekend?

Told i would lose if i tried by myself as a barrister would out do me

That's a load of old cobblers. Barristers are just people, I have whipped 4 lawyers, 3 barristers, 2 ICL's (one twice!).

A family reporter and a single expert witnesses backsides in court in the past. X years during the course of 3 open cases. It's not that hard to do but it takes training and planning and training and planning.

 

[Adam101]

Yes, at the moment, she is meeting me half way. But what I had is gone.

 

[Nonfiction]

That's a load of old cobblers. Barristers are just people, i have whipped 4 lawyers, 3 barristers, 2 ICL;s (one twice!!!) A family reporter and a single expert witnesses backsides in court in the past. x years during the course of 3 open cases. It's not that hard to do but it takes training and planning and training and planning

I don’t agree with the part about Barristers being “just people” or that “it’s not that hard to do” (depending in the case) but as for the rest...all true!

Of course you can self-represent but I would suggest that at the very least, you seek help/advice (preferably from a lawyer or, at minimum, someone very much in the know) to assist you, at times, along the way.

 

[Adam101]

Can anyone link a process to how I start. If mediation fails and I want the order changed, what is the starting point? Is it written anywhere what the process is ?

 

[thatbloke]

I don’t agree with the part about Barristers being “just people” or that “it’s not that hard to do”.

It is exactly how I see them...but maybe I am uber clever than after all.

I did have help though. One person in particular used to listen to my crap on for hours then offering me their opinion. It cannot be done alone that's for sure.