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caselaw for increasing parenting time

I humbly ask if anyone might be able to suggest relevant case law or keywords in Austlii search for increasing the children's time with their father and allowing him to have a more meaningful involvement in their everyday lives consistent with the best interests, etc…

Orders for 5/9 now 4 years old. Child is 9yo. Impossible to mediate. There is material change of circumstance. It seems prudent to file for equal time or 2of3 weekends before the law changes to effectively make court ordered shared parenting impossible to obtain.

Last edit: by srldad101

Just to be clear are you saying you currently have orders for five nights out of nine (5/9) ? and they are four years old. Child is nine years old. Male or female child?
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Executive Secretary - Shared Parenting Council of Australia
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Thanks for responding Mr Secretary.

To clarify my daughter spends 5 nights with me and 9 nights with her mother each fortnight.

The FCA Orders of 2008 specify that the child spends time with the father from Friday 3.30pm to Tues 9am in week 1, and Thur 3.30pm to Fri 9am week 2. Adding Tues, Wed night would make it an equal time alternate week arrangement.

Last edit: by srldad101

srldad101 said
Thanks for responding Mr Secretary.

…. Adding Tues, Wed night would make it an equal time alternate week arrangement.
Orders are made to determine finality and to avoid matters going back. To get back you will need to consider the significant material here on Rice and Asplund. You will also really have to have some significant and or special circumstance.
srldad101 said
What finally prompts the application, apart from the law changes removing 60cc(3) (c )
That has not been removed but has been somewhat changed. The implementation of the amendments in June will not be sufficient to re-open a case.
srldad101 said
What finally prompts the application… transitioning from a child wholly dependent on her mother into an individual with very different needs for emotional, physical, social and cognitive development.
Simply not enough to go back
srldad101 said
I do not believe the mother has the emotional or intellectual capacity and in particular the social skills to allow our child to maximise her development potential.
I will bet that is not her view nor the school's view. You will need significant and substantial material to even head down that path from a range of subject matter experts, reports, admissions to clinical sessions etc.. I can tell you categorically that putting that line up in any application to open a case will just not get you anywhere. A Registrar will look sideways at you.

So the mother is a recluse or has some other lower social skill than yours… So what? If she takes care of the child adequately, the child is fed and clothed and gets to school then let me say that is not too bad considering some parents can't get their children to school on a regular basis. The daughter seems to be at the top end of the educational stream. Look I see what you want from your post that has been significantly edited, but there seems to be a real issue with working things out as parents. If the school are doing what you say they are doing in play time then you have a long way to go in gaining their confidence again and that is a good place to start.

I didn't quite follow the issue around tennis coaching but the daughter sounds like she is having a great time at school, and she will have to sort out with her mother why she is withdrawn from some of the sports she is involved in. You cannot tell the mother what to do here. I don't know how she had time to do any school work based on the list of sports she excels in anyway. She is a capable and in fact a very high achiever so how good is that… You are already an equal parent from the effort you are applying in school and two extra nights will do nothing much for you in the big picture in THIS particular case. Work calmly and constructively with your daughter and gain her confidence and that of the school. School contact for sports days, parent interviews and assemblies is a great place to get extra contact so ensure you maintain a strong working relationship relationship with the school.

You have a significant number of nights (Many would do somersaults to get) so go and use them wisely with much less angst toward the mother and forget going back to court.

The courts are busy with people who cannot see their children at all, are involved in violent home situations or have very significant parenting problems. Where do you fit into that? On the material you have supplied, there are simply no grounds listed in your extensive earlier material that I have read that would lead me to suggest you should re open a matter. You will be wasting the court time and I doubt the Registry will allow the matter up.




Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
Family Court orders are not written in stone in fact I would argue they are purposefully designed to promote repeat business.

The orders were premised on the Mother re-partnering with her estranged husband. The mother deliberately misled the Court. The 24yo daughter moved in instead effectively as a surrogate mother. She has now relocated interstate. The child is isolated with the mother.

Further the police have filed a protection order against the mother, CPS conducted a 4 month investigation and recorded evidence of child abuse deliberately not disclosed at trial despite request remains unheard. These constitute a material change of circumstance in my view.

I have no problem with the school. My daughter playdates with deputy principle's. The school now understands the situation and offered an in writing apology.

The sports the child participates in are seasonal not concurrent. It is important that T have the opportunity to experience a variety of activities. She will choose which one she wishes to pursue when it becomes necessary. And suggesting she has no time for school work is not helpful.

Others doing somersaults for 9/5 is irrelevant.

For those interested Dylan & Dylan [2007] FamCA 842 although old still offers a decent discussion of an extra time application.
With that sort or rotation you wouldn't get much consistency in their schooling or social life.

I suggest you consider a rotation that gives you the same days each week for example - Week 1 Wednesday 3pm to Sunday 5.30pm, Week 2  Wednesday 3pm to Friday 5.30pm.

This rotation will give you Weds to Fri after school every week that are yours to do what you like with your daughter.

Maybe propose Week 1 Thur to Sun Week 2 Wed to Frid which is 5 night pfn which is no change in care percentages and see how this goes.

srldad101 said
….For those interested Dylan & Dylan [2007] FamCA 842 although old still offers a decent discussion of an extra time application.

Hardly exciting in your circumstances. This first time judgement looked at factors arising from the 2006 amendments such as 65DAA and not aspects arising from Rice and Asplund. Orders are determined to implement finality and should accommodate a range of changes during their operation as the child gets older or an order allowing matters to be re looked at.

You might be better looking at the High Court challenge the four Italian / Australian girls are putting up to remain in Australia. That may give you another go at the cake. Certainly Fairgo has some good points.


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I am also having the same problem my son who is 7 years old was allowed to spend time with me only for two days in a week and rest with her mother. She has charge certain allegation against me and her lawyer has convinced the judge to give the decision in her favor. I also want to have equal parenting time granted.   
Not so easy Jeffwatson, you need to show that a significant change has happened since the orders were made, and significant enough for a change to be re-explored by the court. I'm curious to know the "certain allegation", depending on what it is there may be avenues, but at the end of the day, you can have a significant change, whether not expected or not revealed at the original trial, but if it is not in the BIC there is likely to be no change.  

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
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