Child Custody - Time Children Spend With Each Parent - Seek Advice at an Early Stage of the Break Up

23/03/2015

Brian approached Watson & Watson following separation from his wife, Cheryl, the mother of his two boys.  Brian wanted to have the boys on every second weekend and during school holidays and on special occasions.  Initially following the separation the boys spent time with Brian generally on this basis, however, on an ad hock basis.  Brian approached Richard Watson about the difficulties.  As it was not an urgent matter the appropriate course was to attempt to resolve the matter by way of Mediation.   Richard Watson advised Brian as to the process of different alternate mediators who were available to assist in attempting to have the parents come to an appropriate agreement. As part of the pre-mediation process, Brian spoke with Richard Watson and discussed his desired outcomes.  Richard Watson assisted in formulating a program which would ensure that Brian put forward his desired outcomes in an appropriate manner and to cover the critical times that he would like his children to see him and Brian’s extended family.

Part of the pre-mediation process was for Brian to consider, determine and realise what was critical to him and to his boys in more than a general sense.  The process of Mediation if successful should be documented in an appropriate form so that each of Brian and Cheryl and any third party are aware of when the boys would spend time with Brian and when the boys would spend time with Cheryl.  The documentation that is appropriate to document an agreed outcome depends upon all the circumstances of the relationships.  One form of documentation does not fit all circumstances.  This was discussed with Brian before Mediation.

The Mediation process proceeded and Brian was well prepared and considered all the issues with Richard Watson. 

Unfortunately, the Mediation was unsuccessful and Brian thereafter instructed Watson & Watson and Dennis Grant of Watson & Watson commenced proceedings on Brian’s behalf seeking the appropriate Parenting Orders in the Federal Circuit Court of Australia.

Dennis Grant advised of the appropriate matters for consideration by the Court, the process, the likely costs, financial and emotionally, and prepared the necessary Application and evidence in support of the Application.  The Application was successful and the boys spent each alternate weekends with Brian, and also time during the week.  There was an allocation of the appropriate time for sharing the school holidays including Christmas, Easter and other critical dates.  The Child Support Orders as sought and as obtained were conducive to the boys continuing in their routine and Brian having time with the boys and the boys having time

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