Legal Question in Family Law in Australia

My ex partner & I have a custody agreement that states our 2 children 13 & 14 are to reside with the mother & I have contact from every 2nd Thursday after school to the following Tuesday morning. I want the custody papers to be changed to half half shared care but my ex wont agree. We cant afford court & we have been to mediation several times but my ex wont change her mind. The children have recently decided they want to live with me, their father full time because they no longer get along with their mother. What rights do I have as a father to have my 13 & 14 year old to come live with me and how can we get the custody papers changed if I no longer agree to them?


Asked on 11/15/10, 4:05 am

1 Answer from Attorneys

Bruce Provan Harrington Family Lawyers

If the custody agreement is a court order or registered parenting plan it must be complied with until such time as there is a court order or an agreement to change it. If not then you can apply to court for orders that the children live with you. Given their ages there is a good chance a court would order they live with you if that is their choice. However court proceedings are probably not necessary. One alternative is to have mediation involving the children so they can express their wishes. The other is that the children just leave their mother's residence and come and live with you. If their mother doesn't like it she would have to bring an application to court to have them returned to her care but she is unlikely to succeed if the children genuinely want to live with you.

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Answered on 11/16/10, 9:48 pm


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