Legal Question in Family Law in Australia

Re: visitation

I refer to your recent enquiry.

If there are current Orders in force that require contact to take place every second weekend, then it would be advisable for you to bring an Application to vary those Orders before stopping the contact. If there are no Orders in place, then under Australian Family Law you do have the right to make a decision that you think is in the best interest of the children. If you think that decision is that the children should not go on contact, then you do not have to send them on contact. However, having regard to the ages of the children and their wishes you may (before making a decision to cease contact) suggest to your Ex Husband in writing, that he agree to the children attending some counselling with you both to address the issues that the children obviously have with your ex husband's new partner so that a resolution may be worked through.

There is no set age limit in Australia as to when the children's wishes are taken into account. Generally, the older the children are, the more weight a Court will place on their wishes. Your 12 year old child's wishes will carry a lot of weight as to what they want to do, the 8 and 9 year old's wishes will be relevant, but may not be determinative as to what should happen.

If you need more specific advice, then please contact me again.

Yours faithfully

Brett Hartley

Principal

Hartley Family Law Services

Accredited Family Law Specialist

Level 15, Brisbane Club Tower, 241 Adelaide Street, BRISBANE QLD Australia 4000

GPO Box 678 BRISBANE QLD 4001

Email: [email protected]

Web site: www.hartleyfamilylaw.com.au

Phone: +61 7 3220 1299

Fax: +61 7 3220 1277

Mobile: 0417 569 299

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