Too late …the kids have gone and I had no idea
September 5, 2025
When you’re talking about your children, most people will agree that they are the number one priority. But all too often, people put off seeking legal advice about issues relating to their children, which can unfortunately have unintended consequences.
Sometimes, a delay in seeking advice and taking legal action can result in you prejudicing your prospects of legal action moving forward.
If a change has occurred, or if something is not working, your best chance of changing the arrangement is to act quickly.
For example, you separate and agree to a 50/50 time arrangement with your coparent, however you’re not happy with this arrangement and quickly realise that this is not working for your children.
If you delay seeking legal advice, and ultimately you end up needing to commence court proceedings to assist with changing the arrangement, the longer you have delayed the more difficult it becomes.
Such as in the example above, the longer that your children are in a 50/50 arrangement with your coparent, the more difficult it will be to change that arrangement (unless you can demonstrate that the arrangement is not in the children’s best interests).
Another example is if your coparent moves with your child to another town. If you don’t urgently seek legal advice about the steps to take, then you risk prejudicing any case you may have in the court due to the delay. In any consequent court proceeding, the court may ask why you waited so long.
The Court will also consider the added difficulty of making further changes to your child’s life. For example, has your child been enrolled in a new school, have they made new friends? Will it be more disruptive now to move them again, then to leave them where they are?
The point is, you don’t know what you don’t know. To ensure that you are putting your best foot forward for your children in any potential court proceedings, it is important to seek legal advice early. You can then make an informed decision about how you wish to proceed.
If you are seeking advice about your children following separation from a partner, please contact our family law team.
You might also like:
Who will get your micro-investments and cryptocurrency when you die?
Micro-investing and cryptocurrency are now mainstream investments: 22% of Australians invested in shares & EFTs through micro-investing apps in 2022 and 20% of Australian owned […]
February 17, 2026
PART 2 – How “binding” is a Binding Financial Agreement?
In part 2 of our series on Binding Financial Agreements (BFAs), we discuss the requirements for making a valid BFA, and the circumstances in which […]
September 17, 2020
What is a Memorandum of Wishes and is this a document that should form a part of my Estate Planning?
A Memorandum of Wishes is a non-legally binding document that can set out your wishes and deal with a range of matters in relation to […]
September 18, 2025
Subscribe to news
Stay up to date with the latest news from the Fox and Thomas team by subscribing to our newsletter by clicking the button below.
Subscribe NowTeam Specialists
The team at Fox and Thomas are trusted legal experts with many years of combined experience acting on a wide range of matters for clients including individuals, small business, family owned enterprises and national and international companies.
Learn more