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Is this a change of circumstance?

My Ex was able to relocate to another city under orders in 2008.
The orders included half holidays and fortnightly contact where my son flies up to see me.
The orders were made just 2.5 years ago and now the mother seeks to reduce my contact sighting material change of circumstances being:

  1. Age: the child has aged by 2.5 years
  2. Sport: The child wants to play school sport on Saturdays and should no longer fly to see me.

Would this constitute a change of circumstance?
I'd suggest that if it did pass Rice and Asplund, which I'd say is pretty unlikely based upon those reasons, that the reasons would then themselves hold little weight as being in the best interest of the child. However, you should prepare to make your case in case matter does end up in court.
So if it did pass R&A, we'd then lump attending school sport in the bucket with these?

a) marked adverse behavioural changes in a child;
b) re-marriage and recovery from illness of a non-live with parent;
c) re-marriage and stabilisation of accommodation of the non-live with parent and commencement of school by a child;
d) re-marriage of the non-live with parent enabling that parent to provide a proper family environment;
e) child sex abuse;
f) relocation;and
g) contravention of orders.

MikeT said
I'd suggest that if it did pass Rice and Asplund, which I'd say is pretty unlikely based upon those reasons, that the reasons would then themselves hold little weight as being in the best interest of the child. However, you should prepare to make your case in case matter does end up in court.

The chances of getting a case up, based on what you have written, appears very slim. Rice & Asplund provisions are to deal with major and significant events not just attending sport every weekend. The School will be extremely understanding if you are only seeing the child on an irregular basis and will arrange to have him as a standby on those days. Often schools have many more children than they need on the teams and often are looking for an excuse to have a stand down on the odd weekend.

We are not privy as to the frequency of these contacts so unsure as to how much of a problem it may be but certainly I would not be too concerned. I suspect you will find it may be the other parent who is looking for ways to reduce contact. If she wants to go back to court suggesting that you would bring counter claims and seek additional contact might be a bit of a reality check.

The list of issues you raise would be of interest to any judicial officer provided there was adequate evidence… Although if you wait until after July you won't need any evidence… (Tongue in Cheek  :( )

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
 
The frequency of contacts is outlined in post one:
>> The orders included half holidays and fortnightly contact where my son flies up to see me.
(The fortnightly contact is weekend contact)

I'm unaware of what's happening in July as this court mess has only just been re-agitated in my life. Can you enlighten me?

Secretary SPCA said
The chances of getting a case up, based on what you have written, appears very slim. Rice & Asplund provisions are to deal with major and significant events not just attending sport every weekend. The School will be extremely understanding if you are only seeing the child on an irregular basis and will arrange to have him as a standby on those days. Often schools have many more children than they need on the teams and often are looking for an excuse to have a stand down on the odd weekend.

We are not privy as to the frequency of these contacts so unsure as to how much of a problem it may be but certainly I would not be too concerned. I suspect you will find it may be the other parent who is looking for ways to reduce contact. If she wants to go back to court suggesting that you would bring counter claims and seek additional contact might be a bit of a reality check.

The list of issues you raise would be of interest to any judicial officer provided there was adequate evidence… Although if you wait until after July you won't need any evidence… (Tongue in Cheek  :( )

Epsilon said
….
I'm unaware of what's happening in July as this court mess has only just been re-agitated in my life. Can you enlighten me?
http://flwg.com.au/news/pg/news/view/922/index.php&filter=2

http://flwg.com.au/news/pg/news/view/936/index.php&filter=

http://flwg.com.au/news/pg/news/view/915/index.php&filter=4

http://flwg.com.au/news/pg/news/view/930/index.php&filter=4



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
 
no, it wont, keeping relationship with the other parent is more important then playing sport. If she goes to court you just request to dismiss application and apply for an order for cost. Do not try to vary the orders, it wont be varied and you wont get order for cost.
Thanks elenamish

We had our day in court and I'm now awaiting the decision.
I have asked for costs but I do not know what I can expect. Anyone have any info on this?
Also, I did not try and vary the orders as you have suggested.

Thanks


elenamish said
no, it wont, keeping relationship with the other parent is more important then playing sport. If she goes to court you just request to dismiss application and apply for an order for cost. Do not try to vary the orders, it wont be varied and you wont get order for cost.

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