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Rice and Asplund - When the child does not want to spend time with a parent pursuant to the orders.

Rice and Asplund - child is apprehensive

Hi,

As ordered by the Judge in a hearing today. I have two weeks to make a submission based on Rice and Asplund. Final Orders have been in place since November 2015.

The child in the middle of all of this is apprehensive in spending time with the other parent as per the orders. (Which is limited to half school holidays, Wednesday overnights and every second weekend). My argument needs to be in support of the child's request.

The child is apprehensive due to the trauma of emotional manipulation from the other parent.

From my part I see the child cry 9 out of 10 times that the child is to go to the other parents home. There is already a family conference booked. The next mention is in two weeks. I am self-represented. Besides reading the precedent. Can anyone shed some light on how to respond? It is quite technical and I just don't have the experience. Any information that anyone can provide would be appreciated.

 

Last edit: by Secretary SPCA

There is much on the site here about Rice and Asplund so a good search will give guidance. The key words to consider are must be extraordinary circumstances or special or significantly changed circumstances.  I would suggest the child being apprehensive and or crying does not meet the threshold or come near even.

You have obviously discussed this with the other parent to see how this can be resolved and what options there are. I would be suggesting you seek an adjournment to get through the family conference first. Consult a specialist in this area for guidance there are plenty of practitioners that could assist you to get to the bottom of what is going on. You didn't say how old the child was either.

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
 
Secretary SPCA said
 I would suggest the child being apprehensive and or crying does not meet the threshold or come near even.
I would go further than to suggest. I would actually say this person has ZERO chance of getting anything over the line with such a pathetic reason for restarting proceedings and could well end up in a  bit of bother.


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
Thank you for the responses. It is clear that I am attempting to be broad but that I am not explaining the reasoning behind the child being so upset.

It is of my opinion that the child in shorter terms is subject to 'Gaslighting' from the other parent. In times that the other parents behaviour is intense. The child's general behaviour changes, (yes, this is natural) but the child will take offense to things easier, the child's responses are different, the child's friends start to retract from the child and the child feels more emotional, the child is starting to spiral again.  The child's social network and educations slips in the intense times the child is being subject to this "Gaslighting".

This is not a one-off, I believe that this has been happening for the better part of 7 years. But I myself have only really clued onto it over the last two years through research. The child has wet the bed whilst in the other parents care, despite not ever being a 'bed wetter'. The child has shared thoughts of running away whilst in the other parents care, but that the child is too scared to do so. As the child does not know where to go. The child is 10 years old.

I have tried over the years to help the child though the situations, making light of situations and helping the child see the good in the time and things that the child does at the other parents home. But, the child is now becoming more aware and has an opinion of its own. If there is any further information, links or guidance anyone can share I would be grateful.

Last edit: by Secretary SPCA

The other parent is not an approachable kind of person. Any approach to the other parent ends in a court battle of some description.
I am the respondent in these proceedings, I have always been the respondent. Through information provided by both the parties at the Direction hearing, I was requested to put in this application based off the Rice and Asplund precedent.
Please trust my word that I do not have the financial capacity or lifelines to obtain any advice from any local practitioner. It is for this reason that I have placed a post within this forum.
 
What clinical reports have you acquired that support some sort of basis for the application? The posts being made suggest you will not meet the threshold to re-open the case file. You asked to base a submission on Rice v Asplund and we are telling you the threshold is high. This means you need some decent supporting material to add to your affidavit and it needs to be more than the 'child wets his bed'. Have you consulted any specialists relating to the issues you raise? You can start with your GP and get a referral through a mental health plan and go from there. If you don't have some solid evidence or report from some clinician you will have difficulty convincing the Judge you have a problem.

What I suggested was to raise these issues at the Family Conference before you go down this road because you might face reasonable costs orders if you don't. Is the Family Conference before the Directions Hearing? Can you raise the issues at the Family Conference? You are going to fail the Rice v Asplund threshold but that is not always the end of matters.

You have the alternative to get back into a meditation about the issues to find a solution or to work out a plan that both of you adhere to that will attempt to resolve the anxiety for the child. If you have some sort of psychological report the judicial officer may want to explore that. At the directions hearing, you will get further guidance on this if you are Self Represented and often there is much leeway.

In three or four years or so the child will be deciding themselves what is going to happen.


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
 
SPCA is being extra polite. I am a bit more blunt. You have no chance whatsoever of getting across the threshold with what you have written. You might as well save the parking fee and just not turn up. Everything you have said is what you "think", and to be honest, in court.. that means stuff all.  Save yourself the embarrassment of letting the other side see you squirm when your application is dismissed and just end it now.

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
If the other parent is so bad and you have genuine concerns about your child, why do you send the child to the other parent?

What are the current orders if any?

Are you the respondent to a contravention filed by the other parent?

As previously stated, you will probably fail the test.

I am very curious….

 

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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