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More Contact in regards to Rice and Asplund

     Could someone please explain to me how I would meet the level needed to have my orders varied to qualify for the Rice and Asplund .My original court orders were changed after 2 years as I was getting my children for 10 days a month flown interstate by their Mother who ran away with them without my consent originally. These were made in January 2011 and then changed when she had the matter heard in January 2013 . The Magistrates judgement was handed down in August 2013 where I now get one week each School holidays and 3 weeks in Summer alternate Xmas .My kids are now nearly 8 and asking to stay longer as Mummy gets more time and its a long time before we see you again .She was also breached last October for with holding them and placed on a 12 month good behaviour bond .She is still alienating me to them and hanging up on our phone calls and they told my partner she hates me and my family. Ignored my request by my Lawyer for a call last Xmas day . Gave my Fathers day card to her Mothers partner and made my Son upset when he told me .
   I am wanting to have a extra 2 weeks a year ..one week in the first and third term holidays …giving me 56 days in total and one weekend a month on the Gold coast to maintain a meaningful relationship with them as they ask and count down our days when they visit me asking to stay longer .
You are going to get exactly the same answer here as you did in the Facebook group.

Your only hope is to fly up to the gold coast for a weekend or so each term. You will not get all the holidays you are asking for unless by consent without a very good reason  and..if you are asking for reasons  you obviously have not got a good reason.

8 is too young..usually to get kids views taken majorly into account. You have been inconsistent in your wants..you are in front of a child focused judge  and you are also not self represented.

I know who you are and I hope some senior members also post in this thread

You have now changed your wants again..On Monday it was only for the extra weekend on the Gold Coast, you had family you could stay with…..Yesterday you said you could not afford the weekend on the gold coast.  Said it would cost you $2000 a weekend.said you could not fly to where they live and was moaning about driving 90 minutes to Sydney airport so therefore only wanted the Holiday week (which incidentally is way more expensive than a weekend)  but today you have back flipped again and now it's the weekend and the holidays and magically you can afford both on this forum

Three different stories in four days….Inconsistency  will get you nothing.

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
Sorry for the double post but after reading a PM from Jethro i now feel that there are some valid questions to ask him.

A review of what i know about Jethro and his situation. His ex moved up to Qld  from NSW and he did nothing when it happened to get a recovery order, because of conflict and the interstate thing his time was reduced in Brisbane. (He says run away and hid but still no recovery action was taken)

Earlier this year he indicated he would get more holidays because Mum sat the kids down in front of the TV during the school holidays

On Monday he told me he didnt want holidays but wanted to fly to the gold coast where you he stay with his family and the ex would drive to there to meet him for an extra weekend every month. He said he had family on the gold coast

Then, yesterday, In my group he then said this was a back up position and he actually wanted more holiday time

Now on here, he says he wants both

In my group he said his lawyer thought the extra holiday time could be a problem but on here  he is now claiming that his Lawyer is not indicating this (accompanied by a few insults towards my good self)

He is also claiming he can afford a week up in Qld during school holiday times but NOT a weekend out of school holiday times as it would cost $2000 a weekend, Car hire, Hotels and the like  (direct quote)

Questions…..

Why are you here if your lawyer is so sure? (this is primarily a resource forum for self represented people and people who want help, not those who claim to know it all)

Why is it cheaper to do a week during school holidays than the odd weekend?

Why did you claim to me on Monday  your family on the gold coast would let you stay but yesterday talked about hotels and costs associated with them?

Why did you claim Mum could drive to the gold coast but now you are talking about travelling to her rural area (200km) from the gold coast?

Is it staying in a Hotel on the Gold Coast or staying with Family?

Why should Mum give up her School holiday times? (This is your main argument in December)

If i a not wrong in December you are in front of the same Judge who took away your time and there is still conflict between you and the ex so What on earth do you hope to achieve in front of the same person?

Why are you giving many versions of the truth all over the place? (and dont make me actually pull out more direct quotes)

Feel free to insult me via private message, it wont stop me calling out rubbish when i see/hear it and it wont stop me helping others to see their kids but.. ANSWER THE QUESTIONS PLEASE because either on here or in December, you will be asked a few of them…..


 

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher

Rice and Asplund

   Get all your facts right before you make ridiculous comments about my situation .I don't owe you any explanation either and you can delete me from your facebook site .
    Whether or not I have a Lawyer does not stop me from seeking others advice into what helps me see my children .Since when are you a authority to what is appropriate on here.
    If anyone with intelligence wants to offer some constructive advice to help me it would be very much appreciated and someone with a higher intelligence then this person .Which I am sure wouldn't be too hard to find .
Please enlighten The Wolf as to what i have got wrong? Is it the family thing? The lawyer's view? Your claim of $2000 a weekend? You saying you should have the kids because of tv time? You not wanting to travel to Rural Qld? (i have not got anything wrong)

I love it when people resort to insults rather than answering simple questions. It is the sign of a desperate person clutching at straws from a soapbox of "I think"  and "I should" You seem to think that the courts own you more time just because you have a number in your head but in reality you arent willing to do anything except moan and complain about how hard done by you are. You even moaned about having to pay petrol to go to the Airport yesterday.. maybe try hitch hiking???

You have given multiple versions of the truth over three separate places. At least FOUR explanations on what you actually want and two versions of what your lawyer is saying to you…… Like i said i COULD just copy paste our conversation on messenger but id rather you answered the valid questions on just how YOU think you will get more time in front of the same Judge who reduced your time with no major change in circumstances and possibly  tell us what your lawyer has said…

And for the record you are talking to someone who actually moved from NSW to Qld to get more time with his kid back in 2009..And with the help of some great people on this forum i won my case so your insults wont be winning you any friends  on here  because i learnt everything i know from the Mods and behind the scene people on here, and i still ask their advice and guidance when i am helping others and that means (you've guessed it)  if you call me stupid, you are calling them stupid too…

Now back to the questions………..





 

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
Seems the clown needs to get a life by all your posts on here .It must be hard for you to comprehend what I have to once again repeat in that I don't owe you any explanation seeing you can paste what you like as it will differ from what you have stated .I don't care where you came from to where you ended up either as you need to get a life and work for a living might be more beneficial as a role model to your children. As I am sure you are more desperate then me as I have worked and contributed my whole life unlike yourself.
 I am not in need to win friends on here as I have kept the ones I grew up with unlike you who needs to make them .Here I thought you were sharing your knowledge and now you state you learnt it …how does that work when I thought you had to study law to be qualified as a practitioner and not from a book .
 Paste away Clown as it shows your intelligence having to play your mind games .I am sure anyone who takes advice from you it would have to be as a desperate measure .If your so confident and would like to meet feel free and then you can try and belittle me in person and see where it gets you .
@Jethro - The Wolf has never stated that he was a lawyer, that is an assumption you are making.

This forum, and associated website is for this - The Layperson's Guide to Australian Family Law. This is where people can come for advice. There is nothing on here that states that advice given is given by legal practitioners. There are some practitioners on here, but that is not the point of this site. There are people here with experience (either for their own cases, or for cases of loved ones) that take the time and effort to assist others. And there are some here, who have put in a lot of hours in courtrooms to assist members of this site.

The Wolf has been around the traps for a while, and does speak from experience. Sometimes he can be a little blunt, but he wants (well I think he wants) people to stop and think about their cases, before they go charging in blindly.

You ask about the levels needed to have orders varied under Rice and Asplund. There needs to be a substantial change in circumstances, or it could be that important information was not disclosed before orders were made. Each case is different, so there is not a list of specific events that can be given. A variation of final orders could be considered if proceedings are filed for contraventions, but only if the court is satisfied that such a variation if necessary.

Please let us know the particulars of the change in circumstances that have happened, that you want the courts to consider. Please note that an 8 year old child wanting additional time is not a change in circumstance, and would be an insufficient reason to take the matter to court.
To add.  I am about to conclude a police matter which i can still talk publicly about as its in mediation which will further validate my case where i was held without legal authority and my ex colluded with them in preventing me contact . NOTED ..i have been given a written apology and those in question have been reprimanded

It will be public knowledge soon if offer of compromise is not agreed too ..
  

Last edit: by SWAMBO

Jethro.  

Presently you have approximately 6 weeks holiday time with your 2 children per year? Roughly 42nights?

If so, this would mean your ex has a 100% care level (CS wise?).   

As such, any increase in time, be it by way of increased holiday time or a weekend each month would likely result in the CS care level being moved into the next tier? (For want of a better word, please correct me if I'm wrong Mike T ).  

Perhaps the travel costs to you to see your children once a month would not be as prohibitive if your CS liability is reduced? Could spend the extra cash on the travel?  (You say you have a job and can afford a lawyer??)

Wolf and Boots have answered the R&A question

Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.
Swambo,
                 no need for correction what you say is correct. The threshold is 14% care or 52 nights when the level of care changes from "below regular care" to "regular" care (CSP's terminology) (to clarify at 14% (52 nights or more) regular care exists).

However, whether or not a parent could be financial better of paying 24% less could depend upon other details, as at regular care some of the costs that can be claimed are reduced. here's a snippet from the guide:-

The CS Guide - 2.6.7 Reason 1 - High Costs in Enabling a Parent to Spend Time with, or Communicate with, a Child said
If a parent has at least regular care of a child, the only costs in relation to that parent that can be taken into account are costs related to travel to enable the parent to spend time with, or communicate with the child (CSA Act section 117(2C)).

The costs of travel can include all costs associated with travel, including actual transport costs (airfares, petrol etc) as well as the cost of any accommodation that is incidental to the travel - but not the costs of accommodation that is for the purpose of having contact with the children.

Example: The paying parent lives in Sydney and the children live in Brisbane. The parent drives to see the children and spends the night in Port Macquarie on the way. After they collect the children they pay for accommodation at a caravan park in Brisbane. If the paying parent has regular care of the children they can claim the cost of staying at Port Macquarie and the cost of fuel in driving to Brisbane, but NOT the cost of staying with the children in the caravan park.

If considering this, it is suggested that CS Calculator is used to determine the CS aspect of the scenarios and that attention is paid to the CS guide. This is the a link to the respective section CS Guide - 2.6.7 Reason 1 - High Costs in Enabling a Parent to Spend Time with, or Communicate with, a Child. It should be noted that to claim requires what many term as a Change of Assessment (COA). Historically there is very clear evidence that this process is seen more as a means of increasing what can be collected and offset against Family Tax Benefit than actually providing the intention of the legislation, that parents provide the correct amount of financial support.
Thank you both (Swambo & Dev ) for your feedback and I am aware of that threshold and it is why the Mother and me can not mediate .She is living on welfare and this would affect her current lifestyle if my time was to increase to that next level of care .
  Swambo , because I have a job ..does not equate to living comfortable as currently my income has dropped and I am living on less then the Mother after paying maintenance and a Mortgage …my Lawyer is helping me as a favour as he wants me to spend time with my children .Could you clarify to me what is a meaningful relationship and regular contact in regards to maintaining a good relationship with my children ? As they tell me now I don't love them and want to be with them as I spend more time with friends children .
   This is only one reason I am here to seek more then 42 days a year .I can not relocate as I am a carer for my elderly Father and been in the one job my whole life ( 30+ years ) and wont get another at my age .
jethro said
.Could you clarify to me what is a meaningful relationship and regular contact in regards to maintaining a good relationship with my children ? As they tell me now I don't love them and want to be with them as I spend more time with friends children .
You have already been told. Under the act there is no definition of what is and what is not a meaningful relationship, just that the child has a right to one with both parents

How that equates to time is all depending on where you live, how high the conflict is and a whole host of other reasons that are unique to every case.

In your case it was decided 42 nights and a few phone calls was a meaningful relationship, for others it might be more and it might be less. If you are looking for a definitive defined day/night amount to go in and quote to a Judge in a hearing, you will not find anyone willing to say, because there is none.

jethro said
This is only one reason I am here to seek more then 42 days a year .I can not relocate as I am a carer for my elderly Father and been in the one job my whole life ( 30+ years ) and wont get another at my age .
Your 8 year old telling you you dont love them and saying they want more time will NOT win the prize. No significant change in circumstances = no case. I suggest you take the time to read the Rice Asplund change of circumstances section of FLWG where there is much information to show you what you are up against

Another thing to consider is that In fact, by trying to get your time increased you are also risking it being reduced if Mum wants to try to go for it because of conflict or the court finds out you are an angry Dad. It does happen.

Once again, you are in front of the SAME Judge that took away your time, he is not going to be a happy chappy seeing you back in front of him without a major change in circumstances and id say sall mum would have to do it whisper more conflict and there is a chance (not a huge one) you might well lose what you have now. So prepare yourself for ALL options as pointless litigation can easily lead to a reduction in time spent

Im sure the others will back this up as correct. Its not from a book.

 

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
Your like that irritable fly that wont go away Clown …funny you block me from your play room to contact me on here ..must have a void in your life that needs filling .I must acknowledge though you have made some common sense with your logic as I know how her mind works …but it wont benefit her in reducing my time as I am in the lowest percentage for contact and it wont make her any richer .
 As I know what is her fist objective here and how her mind works
jethro said
Your like that irritable fly that wont go away Clown …funny you block me from your play room to contact me on here
I put your pm in the trash.  Where it belongs. Didn't a really know it stopped you responding but…bargain.

jethro said
but it wont benefit her in reducing my time as I am in the lowest percentage for contact and it wont make her any richer .
 As I know what is her fist objective here and how her mind works

Fist????

It's quite sad to see a parent equate everything to a financial cost. You are underestimating the following

1: She has to respond

2: The judge might well order it anyway given your history and pointless litigation (especially when they have the extra evidence coming their way)

3: She might well see this as a golden opportunity to get you  out of her life forever (good chance of that I'd say given she's had you arrested more than once)

Who cares what you call me…I am correct….  




Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
She has already responded …
 All the litigation has been directed by her …other then my application which was successful with her being in breach of these orders . As to history its been 4 years next January …
Since when have I been arrested more then once CLOWN …you need to do your research better and the ONCE like explained I was given a letter of apology STATED and now is going to be heard in court .
 I don't care what you want to give them …think I am worried …as i didn't give you all relevant information that is crucial :-) one promise to you though …is AVON will be calling ….as you have made a new friend ..then your other friends come after me in line who think your a TW.T too ….
 Just spoke with my Barrister in Brisbane who is a friend and enlightened me with his knowledge …which again differs from a Book Lawyers
That's all I needed to have you arrested..I knew it would come eventually..and i public…well done

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
Book Lawyer ....make me laugh ....
Edited

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
Keep guessing CLOWN….Didn't know what I was doing is an offence …..as I just spoke to a mate who is in the Police force and hes laughing too ….Keep eiditng too as I have copies of everything

 Maybe look at that Catalogue to see what you could buy from Avon

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