Legal Question in Family Law in Australia
Verbal aggreements
I have had a 4 year verbal aggreement with my daughter's father relating to contact conditions. He now wishes to change the conditions of that aggreement.
What weight is given to verbal aggreements by the family court?
3 Answers from Attorneys
Re: Verbal aggreements
considerable weight will be given not so much to the "contract" as such, but to the contact that has been happening between your daughter and her father. if he wants to change current arrangements, he would have to convince you (or the court) that circumstances had sufficently changed since the agreement was struck to justify changing the existing arrangements. sometimes simply with the passing of time and the increasing age of a child, the contact arrangements that were appropriate four years ago are no longer appropriate. sometimes of course that is not the case. i would need greater specifics before i could comment on your particular case.
Re: Verbal aggreements
The Court will give no weight to a verbal agreement, howeverthe Court will look at the circumstances relating to contact over the past 4 years and make orders that it considers to be in the best interests of the child.
Re: Verbal aggreements
Great weight may be given to the agreement, depending on the contact that has occurred between your daughter and her dad. However, I cannot be clear on this unless you were able to advise me of specifics. If there has been a settled arrangement in place, the court may wish to continue that settled arrnagement for the immediate future. It is better that you act and obtain advice than delay- as the old maxim says " justice delayed is justice denied.