Advertisement

Can the terms in the joint petition be changed even after the decree absolute has been filed?

771 Views  ⚫  Asked 3 Years Ago
asked on Nov 15, 2018 at 01:25
by  
edited on Dec 19, 2018 at 00:25
 
I am into the second year of my divorce (joint petition). My ex-spouse has suddenly decided she wanted to change the details laid out in the petition filed 2 years ago.

We are currently sharing a joint custody over our child. She would like to add a clause stating that in the event I get married, she will have the right to apply for full custody over our child.

I would like to ask if it is possible for her to do so as several of my friends who are lawyers have mentioned it couldn't be done. She however has gotten a lawyer that says it could be done.

Can anyone kindly advise me on this?

Many thanks.
0 had this question
Me Too
0 favorites
Favorite
[ share ]
9 Answers

answered on Nov 15, 2018 at 01:36
by  
She would like to add a clause stating that in the event I get married, she will have the right to apply for full custody over our child.

Normally High Court Judge will not allow such a clause in the final divorce terms.
( even if the clause it is in the Joint Petition )

This is because such a clause has no effect.
a.  Even with such a clause, she can apply but no guarantee can get full custody.
b.  Even without any clause, anybody can apply for full custody anytime.
1 found this helpful
Helpful

answered on Nov 15, 2018 at 12:27
by  
edited Dec 19, 2018 at 00:42
 
several of my friends who are lawyers have mentioned it couldn't be done.
Then why are you here? You don't trust those sneaky friends?

I would like to ask if it is possible for her to do so
Based on my personal High Court experience, the answer is a big, big YES..
Any ex-spouse can file anything regarding child custody after divorce. Whether the Family Court allows successful application depends on the merits of any applications. If not allowed to file, where got business for lawyers? To file allow amendments or variations of a dekri nisi is never cheap. Expect a big cig burnt hole in the applicant pockets.

And it all depends on whether one party has not diligently conform / perform to the terms and conditions of the child joint custodianship.

It can be successful if the new term is...
To the party who remarries first, any custodianship will be removed subject to the needs of the child. It cannot be restricted to one party only.

Why she has got tornado winds of your new partner? She is jealous? How old is the child? Old enough to be a "spy"? Boy or girl?
1 found this helpful
Helpful

answered on Nov 15, 2018 at 16:14
by  
edited Dec 19, 2018 at 00:45
 
Jeff005

Then why are you here? You don't trust those sneaky friends?
Not that. It's because she's saying her lawyers can do where as my lawyers say it's not possible.

Any ex spouse can file anything regarding Child Custody after divorce. Whether the Family Court allows successful application depends on the merits of any applications
Does it mean that she can only do it base on the grounds that I have not conform to the terms and conditions of the joint custodianship like you mentioned? As a matter of fact she's the one who has not conform to any of the terms and conditions.

Why she has got tornado winds of your new partner? 
Ya. She basically made numerous unsuccessful attempts in blocking me from seeing my 5 year old boy.
0 found this helpful
Helpful

answered on Nov 15, 2018 at 16:24
by  
Can the terms in the Joint Petition be changed after Decree Nisi Absolute is filed?

By law it cannot be changed.

But, that does not mean a new application cannot be filed to try to take full custody.
However, if any party tries to file a new application so early after divorce,
it will very likely be thrown out by the Judge at their faces.

So, the answer is, the lawyer that says that it can be done is just desperate for business.
0 found this helpful
Helpful

answered on Nov 15, 2018 at 16:50
by  
@vkpc 
@notalawyer

Many thanks on your replies. 
0 found this helpful
Helpful

answered on Nov 15, 2018 at 17:22
by  
edited Dec 19, 2018 at 01:30
 
It's because she's saying her lawyers can do where as my lawyers say it's not possible. 
Her lawyers say can.. Let her file. If your lawyers say cannot, then let them fight. Both sides lawyers just want fees only. No business otherwise..
40% of my original dekri nisi was "changed".

Do take note that my case was to change to Full Custody, whereas yours, it may appear that she is just asking for 1 issue added verbally. But as far as my case is concerned, any change comes with completely a new "Perintah Perhakiman" stamped by the High Court and mentioned within as current Perintah in force and nothing to do with the dekri nisi absolute. When, if there is a filing, do not be surprised many other things could be tendered / requested.

As a matter of fact she's the one that has not conform to any of the terms and conditions
If you have solid proof, then your lawyer can use her filing to do a "reversed child custody".

Ya. She basically made numerous unsuccessful attempts in blocking me from seeing my 5 year old boy. 
A child of 5 years old can be easily contested by either side.
Either can bring out issues of Physical Joint Custody when the child starts schooling. This would bring changes to Child Physical Custody. And.. please, I am referring to Physical Custody (access) not the Legal Joint Custody.

The dekri nisi absolute can not be changed by law. The divorce is granted and made absolute by law. If want to be together again, go to Registry of Marriages and marry again. This is very common in China to deal with the one child policy in the past. Child Custody mentioned in the dekri nisi can be changed. The alimony (if any) can be amended to meet with new situations. Child living expenses can be increased. Your lawyer can cite you examples of past cases where alimony payments and child living expenses which were increased or decreased with the earning capacity and the cost of living expenses.

What was stated in the Joint Custody in your case? Regarding access?
Care to mention and now what are the setbacks (if any)? Sure Have. I have been thru 2 fights in the Family Court.
1 found this helpful
Helpful

answered on Nov 15, 2018 at 20:05
by  
@jeff

What was stated in the Joint Custody in your case? Regarding access?
Father given the right to have free access to the child. Which was actually a very bad move as there's always excuses for the mother to not make the time for me to see my son. 
0 found this helpful
Helpful

answered on Nov 15, 2018 at 21:13
by  
edited Dec 19, 2018 at 01:38
 
Father given the right to have free access to the child
Hahaha.. as good as no access. Who engage and paid for that lawyer fees for the divorce? If it is you, don't know what type of divorce lawyer leaning advantageously towards your ex wife.

Harm has been done. Up to you if you can afford lawyer fees. Instigate her to file. Use this case to change the terms and conditions with proper physical access. The moving party is always at a disadvantage.

My physical access can mean, I take the child for 4 nights, she take the child for 3 nights or vice versa. It will 100% a big, big fight as you have been at a great disadvantage now. At 7 years old, your child will mature and mind prefix towards the mother side. You will be nothing but just ATM Card.

If fighting for the child is a big headache, you can join the new Malaysian movement
MGTOW  https://www.facebook.com/MyDuda
1 found this helpful
Helpful

answered on Nov 16, 2018 at 13:36
by  
edited Dec 19, 2018 at 01:39
 
Fight, Fight, Fight.. In the end the child suffers..!! Lawyers are the real winners in this game of child custody.

A son needs a father to teach him manly manners. A daughter needs a mother to teach her womanly duties.
1 found this helpful
Helpful


You must log in to answer this question.

Not the answer you're looking for? Browse other questions by category or search to find answers.