Hi there. If the mediation agreement between you and your ex-wife was reached without going to court, it will not be legally binding. This means neither parent is legally required to follow the terms of the agreement.

If you are dissatisfied with the existing mediation agreement or the parenting decisions of your ex-wife, you can renegotiate the mediation agreement with her. This would require your ex-wife to first agree to the renegotiation and then to whatever new parenting plan you propose.

If renegotiation is not a viable option, you can apply to the Family Court or Federal Circuit Court for a parenting order. A parenting order is a court order that sets out the parenting arrangements for a child or children. The order will specify who the child will live with, how much time the child will spend with each parent, the allocation of parental responsibility and any other aspect of the child’s care and welfare. The court will make its decision based on the principle that each parent has parental responsibility for the child until it reaches 18 years, and that the parenting arrangements must be in the best interests of the child. Both parents are legally required to follow the parenting order, and penalties can apply if a parent fails to follow the terms of the parenting order.

Suggested way forward

You can seek greater or full custody of your child by directly renegotiating the current parenting arrangement with your ex-wife or by commencing court proceedings to obtain a parenting order. Speaking to a family lawyer will help you understand your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.