Custody variation — supervised access breach
What you're seeking
Goal: Vary the existing parenting orders to remove supervision and increase weekday time.
Need from the lawyer: Strategic advice on whether to pursue interim orders before the substantive hearing.
Desired outcome: Equal-time arrangement with primary care during school weeks.
Procedural posture
- Original orders made 12 March 2024; no subsequent applications filed.
- Next hearing: none currently listed.
- Statute of limitations: no statutory bar for variation; recency of grounds will affect weight.
Documents on file 3
- Section 65DAA considered — equal time deemed not in child's best interest at the time.
- Supervision through approved family-services provider.
Documents to bring to the first meeting 2
"The teacher mentioned it on the phone but I don't have a copy."
Disputed facts 1
Inconsistencies in your account 1
Best to clarify with your lawyer whether you meant a specific period or were describing general perception. Be ready for this to come up — the other side will see the same emails.
Laws cited in your documents
- Family Law Act 1975 (Cth) s.65DAA — equal time / substantial and significant time considerations.
- Family Law Act 1975 (Cth) s.60CC — best-interests-of-the-child factors. Relevant to recasting current orders.
Citations extracted from your uploaded documents. Your lawyer verifies each against the current statute.
Timeline
Pre-meeting checklist
- Bring the original court order, school report, and email log printed or on a tablet.
- Request the school's full incident log (referenced in teacher's 22 April email but not attached).
- Be ready to walk your lawyer through the 11 emails — specifically the response patterns.
- Confirm where the child currently spends school nights.
- Ask whether interim orders are worth pursuing before the substantive hearing.
PROVEAiBLE assembles facts and surfaces gaps. It does not give legal advice. Every recommendation in this file is decision support — bring it to a qualified lawyer who will decide what to act on and how.