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Child Custody And School Decision
Summary
In child custody disputes, courts prioritize the childs best interests, including their preferences and the practicality of school locations. If a parent seeks to change custody arrangements, its crucial to act swiftly by filing an urgent application in Family Court. Documenting the childs preferences and any relevant factors, such as rehabilitation progress, is essential. Courts generally support parents making positive changes, and a brief relapse may not heavily impact proceedings if transparency and progress are demonstrated. Emotional distress caused by an ex-partner can be considered, and gathering supporting documentation from counselors and corrections officers is advisable. Seeking legal advice and preparing necessary documentation can help maintain shared custody arrangements.Full Conversation
I have */* shared care of my * children with my ex husband Daniel. We have a parenting plan which we obtained through mediation in *. We're currently unable to agree on which highschool our eldest daughter courtney should attend this year. I recently received papers from a lawyer informing me Daniel wants to change the current plan and is seeking majority custody, the school Courtney will be attending and if i dont agree with him he will take me to family court. I've declined his proposal. But need to know where do i go from here? School commences in 5days and an agreement still hasnt been made. Courtney wants to attend Berri highschool which is also my preference and Daniel wants her to attend Renmark highschool. Shes currently enrolled at both schools. Daniel has the kids on the first day back at school and will take her to Renmark highschool even though we havent agreed on it. What do i do?
You need to act quickly. Here are your options:
- File an urgent application: Seek an urgent hearing in Family Court for a judge to decide on the school issue.
- Interim Orders: Request interim orders to maintain the status quo until a final decision is made.
- Legal Advice: Consult with a family lawyer immediately for tailored advice.
Have you considered contacting a family lawyer for immediate assistance?
- File an urgent application: Seek an urgent hearing in Family Court for a judge to decide on the school issue.
- Interim Orders: Request interim orders to maintain the status quo until a final decision is made.
- Legal Advice: Consult with a family lawyer immediately for tailored advice.
Have you considered contacting a family lawyer for immediate assistance?
Courtney is * in April, is she old enough to again, voice her preference to him and if he refuses to respect her choice can she then refuse to go home and stay with me untill he accepts it?
Case Rating: *.
In many jurisdictions, courts consider a child's preference when they reach a certain age, typically around *-14 years. However, the final decision rests with the court, considering the child's best interests. If Daniel refuses to respect her choice, file an urgent application for court intervention.
Has Courtney expressed her preference to Daniel directly?
In many jurisdictions, courts consider a child's preference when they reach a certain age, typically around *-14 years. However, the final decision rests with the court, considering the child's best interests. If Daniel refuses to respect her choice, file an urgent application for court intervention.
Has Courtney expressed her preference to Daniel directly?
Daniel originally wanted the decision to be Courtney's which i opposed, because it put to much pressure on her and isnt a decision she should be making. But he still insisted. When she came to her decision he disregarded it, then deciding it was now up to him and i to decide. The discussion never happened, instead i received the papers. She has continued to voice her wishes but he has ignored them. Her entire friendship group is attending Berri highschool
****, you should act swiftly:
- File an Urgent Application: Request an urgent hearing in Family Court to decide on the school issue.
- Seek a Family Lawyer: To get tailored advice and assistance with the application process.
- Document Courtney's Wishes: Clearly document her preferences and reasons.
Have you already consulted with a family lawyer about this situation?
- File an Urgent Application: Request an urgent hearing in Family Court to decide on the school issue.
- Seek a Family Lawyer: To get tailored advice and assistance with the application process.
- Document Courtney's Wishes: Clearly document her preferences and reasons.
Have you already consulted with a family lawyer about this situation?
I have consulted with one, who responded to his lawyers letter. Stating i dont accept his proposal and due to Berri highschool being central for both of us to travel and being courtneys preference, Courtney should be enrolled and attend Berri Highschool. However a response hasnt been recieved from them and i am unable to get in contact with my lawyer at the moment. School commences in 5 days so i dont know what to do?
Given the urgency of the situation, you should file an urgent application in Family Court for an interim order regarding your daughter's school placement. This will ensure that the court can make a decision before school starts.
Have you tried contacting another family lawyer for immediate assistance with filing the urgent application?
Have you tried contacting another family lawyer for immediate assistance with filing the urgent application?
School starts in 5 days, even if an urgent application was made to the court there still wouldn't be enough time for a decision to be made before school starts.
You might need to take immediate action outside of the court considering the time constraints:
- Court Order: Even though it’s tight, filing an urgent application is still crucial.
- Temporary Agreement: Try to reach a temporary agreement with Daniel for Courtney to attend Berri Highschool, pending the court's decision.
Have you considered a temporary agreement with Daniel?
- Court Order: Even though it’s tight, filing an urgent application is still crucial.
- Temporary Agreement: Try to reach a temporary agreement with Daniel for Courtney to attend Berri Highschool, pending the court's decision.
Have you considered a temporary agreement with Daniel?
Daniel is not willing to negotiate
Given Daniel's unwillingness to negotiate and the imminent start of school, you should act promptly:
- File Urgent Application: Proceed with filing an urgent application in Family Court for an interim order regarding Courtney's school placement.
- Temporary Arrangements: Given the urgency, document all communications and efforts to reach a temporary agreement.
Have you considered seeking assistance from a legal aid organization for immediate support?
- File Urgent Application: Proceed with filing an urgent application in Family Court for an interim order regarding Courtney's school placement.
- Temporary Arrangements: Given the urgency, document all communications and efforts to reach a temporary agreement.
Have you considered seeking assistance from a legal aid organization for immediate support?
A temporary agreement isnt an option, Daniel isnt willing to negotiate and believes he has the authority over me to make the final decision. Do i have the right to keep courtney with me to ensure she can attend Berri school?
You should act quickly:
- File an urgent application in Family Court for an interim order regarding Courtney's school placement.
- Document all communications and efforts to resolve the issue.
- In the meantime, you may keep Courtney with you to ensure she can attend Berri school.
Have you considered contacting a legal aid organization for immediate support?
- File an urgent application in Family Court for an interim order regarding Courtney's school placement.
- Document all communications and efforts to resolve the issue.
- In the meantime, you may keep Courtney with you to ensure she can attend Berri school.
Have you considered contacting a legal aid organization for immediate support?
What can Daniel do if i refuse to send Courtney back to him, instead keeping her with me to prevent her from being sent to Renmark highschool and ensuring she attends Berri Highschool
If Daniel files an urgent application in Family Court, he could seek an order enforcing the parenting plan and requiring you to return Courtney. This could lead to legal consequences. Consulting a family lawyer immediately is crucial to protect your interests and Courtney's preferences.
What if its Courtney who is refusing to return to daniel?
If Courtney refuses to return to Daniel, it's important to handle the situation legally:
- File an urgent application in Family Court for an interim order on school placement and custody based on her preference.
- Ensure Courtney's refusal is documented, emphasizing her clear, consistent preference for Berri Highschool.
Have you considered involving a child psychologist to support Courtney's preference in court?
- File an urgent application in Family Court for an interim order on school placement and custody based on her preference.
- Ensure Courtney's refusal is documented, emphasizing her clear, consistent preference for Berri Highschool.
Have you considered involving a child psychologist to support Courtney's preference in court?
Is there a 24hr number to speak with a free lawyer in Australia?
Hi ****, there isn't a specific *-hour free lawyer helpline in Australia. However, you can contact Legal Aid in your state for urgent legal assistance:
Phone: * * *
Website: www.lsc.sa.gov.au
Have you tried reaching out to Legal Aid for immediate support?
Legal Aid South Australia
Phone: * * *
Website: www.lsc.sa.gov.au
Have you tried reaching out to Legal Aid for immediate support?
If daniel files for an urgent interm order in family court first, does that mean the court will more likely side in his favour
If Daniel files for an urgent interim order first, it does not necessarily mean the court will side in his favor. The court will consider the best interests of the child, including Courtney's preferences, the practicality of school locations, and the existing */* shared care arrangement.
Have you prepared all necessary documentation to support Courtney's preference for Berri Highschool?
Have you prepared all necessary documentation to support Courtney's preference for Berri Highschool?
Im concerned daniel will bring up my past substance abuse and on going rehabilitation to use against me
Hi ****, here are some points to consider:
- Rehabilitation: Courts generally support parents making positive changes. Your ongoing rehabilitation can be seen as a commitment to better parenting.
- Best Interests of the Child: Focus on Courtney's preferences and well-being.
- Documentation: Prepare evidence showing your progress and positive impact on your children.
Has your lawyer helped you gather documentation about your rehabilitation progress?
- Rehabilitation: Courts generally support parents making positive changes. Your ongoing rehabilitation can be seen as a commitment to better parenting.
- Best Interests of the Child: Focus on Courtney's preferences and well-being.
- Documentation: Prepare evidence showing your progress and positive impact on your children.
Has your lawyer helped you gather documentation about your rehabilitation progress?
I hadnt had a positive drug test for over 12 months but had a very brief relaps recently resulting in a positive test after finding out daniel was trying to take my kids from me. It was a moment of emotional distress. I was honest about it with my Corrections Officer and my drug dependency counsellor and have since then produced a negative result. How much will this effect court proceedings?
A brief relapse can have an impact, but the court will consider:
- Your honesty and transparency with your Corrections Officer and counsellor.
- Your recent negative drug test result.
- Your overall progress and commitment to rehabilitation.
Documenting these aspects will be crucial. Have you gathered all the necessary documentation to present your progress in court?
- Your honesty and transparency with your Corrections Officer and counsellor.
- Your recent negative drug test result.
- Your overall progress and commitment to rehabilitation.
Documenting these aspects will be crucial. Have you gathered all the necessary documentation to present your progress in court?
My relapses all co-inside with emotional distress caused from daniel who intentionally pushes me to breaking point. Will this be considered in court?
Hi ****, the court will consider any factor impacting your ability to parent, including emotional distress caused by your ex-husband. It’s important to document:
- Emotional triggers linked to Daniel's actions.
- Support from your counselor and corrections officer.
- Your commitment to rehabilitation.
Have you gathered all supporting documentation from your counselor and corrections officer?
- Emotional triggers linked to Daniel's actions.
- Support from your counselor and corrections officer.
- Your commitment to rehabilitation.
Have you gathered all supporting documentation from your counselor and corrections officer?
How likely is it that care will remain */* when the court is made aware of my recent relaps?
- Courts aim to act in the best interests of the children.
- Your progress in rehabilitation and transparency will be significant factors.
- The court will consider whether your relapse impacts your ability to provide a stable environment.
Have you considered seeking a character reference from your support network to strengthen your case?
- Your progress in rehabilitation and transparency will be significant factors.
- The court will consider whether your relapse impacts your ability to provide a stable environment.
Have you considered seeking a character reference from your support network to strengthen your case?
Because the matter can't be resolved by a court before the commencement of school, I've been instructed by my lawyer to ring the Renmark highschool and cancel Daniel’s enrolment for courtney there and to go head with enrolling her at berri highschool because when taking everything into account its the school that makes the most sense. And to ensure she gets to attend her first day of school at berri, not to send her back to Daniel and keep Courtney in my care untill such time Daniel accepts the decision. How do i write a letter informing him of this decision?
Case Rating: *.
Hi ****,
Here’s a brief letter you can use to inform Daniel of the decision:
---
Dear Daniel,
I am writing to inform you that, after careful consideration and consultation with my lawyer, I have decided to cancel Courtney's enrollment at Renmark High School and proceed with enrolling her at Berri High School. This decision is in Courtney’s best interests, considering her preference and the practicality for our shared care arrangement.
Courtney will remain in my care to ensure she attends her first day at Berri High School. This arrangement will remain until we reach an agreement or a court decision is made.
Best regards,
****
---
Have you contacted Berri High School to confirm Courtney's enrollment?
Hi ****,
Here’s a brief letter you can use to inform Daniel of the decision:
---
Dear Daniel,
I am writing to inform you that, after careful consideration and consultation with my lawyer, I have decided to cancel Courtney's enrollment at Renmark High School and proceed with enrolling her at Berri High School. This decision is in Courtney’s best interests, considering her preference and the practicality for our shared care arrangement.
Courtney will remain in my care to ensure she attends her first day at Berri High School. This arrangement will remain until we reach an agreement or a court decision is made.
Best regards,
****
---
Have you contacted Berri High School to confirm Courtney's enrollment?
Yes i have contacted berri highschool and she is enrolled
That’s great to hear, ****. It’s important to follow through with keeping Courtney's best interests at heart. Since she’s now enrolled at Berri High School and you have informed Daniel, ensure you document all communications and actions taken.
Have you prepared for any immediate legal steps Daniel might take?
Have you prepared for any immediate legal steps Daniel might take?
There was mention of him putting in an application to the family court for a interim court orde plus the subpoenas to SAPOL, DCP, DASSA etc
Since Daniel may proceed with filing an interim order and subpoenas, it's crucial to be prepared:
- Document Everything: Keep a record of all interactions and decisions.
- Legal Representation: Ensure your lawyer is prepared for potential court proceedings.
- Support Network: Gather statements from your corrections officer and counselor to support your case.
Have you discussed with your lawyer how to address the subpoenas and the impact they might have on your case?
- Document Everything: Keep a record of all interactions and decisions.
- Legal Representation: Ensure your lawyer is prepared for potential court proceedings.
- Support Network: Gather statements from your corrections officer and counselor to support your case.
Have you discussed with your lawyer how to address the subpoenas and the impact they might have on your case?
Is he able to subpoena SAPOL, DCP, DASS and what will they have to provide?
Case Rating: *.
Yes, Daniel can subpoena SAPOL, DCP, and DASSA. They may need to provide:
- SAPOL: Any police reports or records involving you.
- DCP: Records related to child protection concerns or interventions.
- DASSA: Records of your drug and alcohol assessments and treatment.
Have you gathered all necessary documents to present your rehabilitation progress?
Yes, Daniel can subpoena SAPOL, DCP, and DASSA. They may need to provide:
- SAPOL: Any police reports or records involving you.
- DCP: Records related to child protection concerns or interventions.
- DASSA: Records of your drug and alcohol assessments and treatment.
Have you gathered all necessary documents to present your rehabilitation progress?
My corrections officer and DASSA counsellor will provide written documents in relation to my on going rehabilitation as well as a current mental health plan from a doctor
It's excellent that you're gathering supportive documentation. Here’s what you can do next:
- Keep Detailed Records: Ensure all documents from your corrections officer, DASSA counsellor, and doctor are organized.
- Legal Representation: Keep your lawyer informed and prepared for court proceedings.
- Document Child’s Preference: Make sure Courtney’s preference for Berri High School is clearly documented.
Have you considered involving a child psychologist to further support Courtney’s best interests?
- Keep Detailed Records: Ensure all documents from your corrections officer, DASSA counsellor, and doctor are organized.
- Legal Representation: Keep your lawyer informed and prepared for court proceedings.
- Document Child’s Preference: Make sure Courtney’s preference for Berri High School is clearly documented.
Have you considered involving a child psychologist to further support Courtney’s best interests?
In the brief letter you drafted for me could you add that although Courtney agrees and supports the arrangement shes terrified of how hes going to react towards her?
Sure, ****! Here’s the revised letter:
---
Dear Daniel,
I am writing to inform you that, after careful consideration and consultation with my lawyer, I have decided to cancel Courtney's enrollment at Renmark High School and proceed with enrolling her at Berri High School. This decision is in Courtney’s best interests, considering her preference and the practicality for our shared care arrangement. Although Courtney agrees and supports this arrangement, she is terrified of how you will react towards her.
Courtney will remain in my care to ensure she attends her first day at Berri High School. This arrangement will remain until we reach an agreement or a court decision is made.
Best regards,
****
---
Have you prepared any additional support for Courtney, like involving a child psychologist?
---
Dear Daniel,
I am writing to inform you that, after careful consideration and consultation with my lawyer, I have decided to cancel Courtney's enrollment at Renmark High School and proceed with enrolling her at Berri High School. This decision is in Courtney’s best interests, considering her preference and the practicality for our shared care arrangement. Although Courtney agrees and supports this arrangement, she is terrified of how you will react towards her.
Courtney will remain in my care to ensure she attends her first day at Berri High School. This arrangement will remain until we reach an agreement or a court decision is made.
Best regards,
****
---
Have you prepared any additional support for Courtney, like involving a child psychologist?
Could you make it clear to him that im not holding her against her will, or brainwashing or manipulating her.
Certainly! Here's the revised letter:
---
Dear Daniel,
I am writing to inform you that, after careful consideration and consultation with my lawyer, I have decided to cancel Courtney's enrollment at Renmark High School and proceed with enrolling her at Berri High School. This decision is in Courtney’s best interests, considering her preference and the practicality for our shared care arrangement.
Although Courtney agrees and supports this arrangement, she is terrified of how you will react towards her. I want to make it clear that I am not holding her against her will, brainwashing, or manipulating her. Courtney’s preference is based on her own wishes and the best interests of her education and well-being.
Courtney will remain in my care to ensure she attends her first day at Berri High School. This arrangement will remain until we reach an agreement or a court decision is made.
Best regards,
****
---
Have you considered seeking any additional support for Courtney, such as involving a child psychologist?
---
Dear Daniel,
I am writing to inform you that, after careful consideration and consultation with my lawyer, I have decided to cancel Courtney's enrollment at Renmark High School and proceed with enrolling her at Berri High School. This decision is in Courtney’s best interests, considering her preference and the practicality for our shared care arrangement.
Although Courtney agrees and supports this arrangement, she is terrified of how you will react towards her. I want to make it clear that I am not holding her against her will, brainwashing, or manipulating her. Courtney’s preference is based on her own wishes and the best interests of her education and well-being.
Courtney will remain in my care to ensure she attends her first day at Berri High School. This arrangement will remain until we reach an agreement or a court decision is made.
Best regards,
****
---
Have you considered seeking any additional support for Courtney, such as involving a child psychologist?
Because the matter can't be resolved by a court before the commencement of school, I've been instructed by my lawyer to ring the Renmark highschool and cancel Daniel’s enrolment for courtney there and to go head with enrolling her at berri highschool because when taking everything into account its the school that makes the most sense. And to ensure she gets to attend her first day of school at berri, not to send her back to Daniel and keep Courtney in my care untill such time Daniel accepts the decision.
How do i write a letter informing him of this decision?
Whilst also saying that although Courtney agrees and supports the arrangement shes terrified of how hes going to react towards her. that im not holding her against her will, brainwashing or manipulating her and to be mad at me not her
Case Rating: *.
Hi ****,
Here’s the revised letter:
---
Dear Daniel,
I am writing to inform you that, after careful consideration and consultation with my lawyer, I have decided to cancel Courtney's enrollment at Renmark High School and proceed with enrolling her at Berri High School. This decision is in Courtney’s best interests, considering her preference and the practicality for our shared care arrangement.
Although Courtney agrees and supports this arrangement, she is terrified of how you will react towards her. I want to make it clear that I am not holding her against her will, brainwashing, or manipulating her. Courtney’s preference is based on her own wishes and the best interests of her education and well-being.
Courtney will remain in my care to ensure she attends her first day at Berri High School. This arrangement will remain until we reach an agreement or a court decision is made.
Best regards,
****
---
Have you made preparations for any immediate legal steps Daniel might take?
Hi ****,
Here’s the revised letter:
---
Dear Daniel,
I am writing to inform you that, after careful consideration and consultation with my lawyer, I have decided to cancel Courtney's enrollment at Renmark High School and proceed with enrolling her at Berri High School. This decision is in Courtney’s best interests, considering her preference and the practicality for our shared care arrangement.
Although Courtney agrees and supports this arrangement, she is terrified of how you will react towards her. I want to make it clear that I am not holding her against her will, brainwashing, or manipulating her. Courtney’s preference is based on her own wishes and the best interests of her education and well-being.
Courtney will remain in my care to ensure she attends her first day at Berri High School. This arrangement will remain until we reach an agreement or a court decision is made.
Best regards,
****
---
Have you made preparations for any immediate legal steps Daniel might take?
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