Donate Child Support Calculator
Skip navigation

Should I get another adjournment?

Hi,

Hoping to discuss case matter further in closed section please, could someone point me to the link.

One major point I'm requesting from the court is more spend time during all term holidays without the requirement for me to be on annual leave. I'd put the child in vacation care.

Significant changes since the current 2010 orders:
- I've re-partnered for 1 year but not married, we live together
- My work changed location
- I've been diagnosed with an ailment
- The mother has since relocated school and residence about 3-4 times
- The mother has had a break-up of her marriage
- The mother has had numerous breach/contraventions of current orders

I've already asked for an extension in February. Only today after seeing a 'cheap' lawyer was I informed significant change applies to these orders.
Should I ask for a second extension and try and mount a case with more merit or go in as is?


Thanks
Repartnering and Marriage breakups are accepted as par for the course. Has there been a change in circumstances that affects your relationship with the children or is having an effect on the children.
triple_beam said
 one major point I'm requesting from the court is more spend time during all term holidays without the requirement for me to be on annual leave. I'd put the child in vacation care.
Putting a child in vacation care after requesting extra holiday time is a strange argument. What would the child normally be doing at this time?
triple_beam said
 Should I ask for a second extension and try and mount a case with more merit or go in as is?
 Obviously there is more information than you have posted here including the ages of, however you will need good reason for an extension lest the other side claim you are being vexatious. Much will of course depend on other issues.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
triple_beam said
Hi,
Hoping to discuss case matter further in closed section please, could someone point me to the link.
Thanks

The only closed sections on this site are now for moderators and for group leaders and members of organisations that are part of parent and related child support organisations.
The SRL closed sections were shut some time back and close discussions became part of the SRLR site (note that site has been temporarily taken down) The SPCA and SRLR still provide a great deal of offline heavyweight support however in general they are quite swamped. If you want to whisper/pm me I can provide an Application Case Outline form for you to complete for the SPCA/SRLR people.


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Has there been a change in circumstances that affects your relationship with the children or is having an effect on the children.

a) marked adverse behavioural changes in a child;[15]
b) re-marriage and recovery from illness of a non-live with parent;[16]
c) re-marriage and stabilisation of accommodation of the non-live with parent and commencement of school by a child;[17]
d) re-marriage of the non-live with parent enabling that parent to provide a proper family environment;[18]
e) child sex abuse;[19]
f) relocation;[20] and
g) contravention of orders.[21]

From the above examples I would say:

c) I have more stable accommodation as I live with my partner and her parents at their owned house.
b) The mother has become divorced, meanwhile I have re-partnered with someone and have been together for close to 1 year.
f) While the mother was partnered and since her divorce they have moved homes at least 4 times back and forth between 2 suburbs in the Perth metropolitan area. I was informed if my partner and I moved close to where they live know we could "lock in" his school and provide stability and ease of access/more spend time. I found it odd the lawyer was asking how much we owned and showed us housing sites.
g) There have been contravention of orders, not all formally documented but detailed in court and with emails.

Putting a child in vacation care after requesting extra holiday time is a strange argument. What would the child normally be doing at this time?

The mother puts him in vacation care herself. I could put him in vacation care closer to where I work/live and arrange during those times to leave work earlier so that we get a few more hours spend time. Current arrangement for school term spend time is as follows:

- I need to notify the mother in writing by the first Wednesday of the preceding term to give her ample time to enroll him in vacation care
- I must be on annual leave or otherwise not working
- For the long summer term 4 break I can apply for 14 days in January which can be split into 2 x blocks. this has been main cause of contraventions. I'd ask for spend time near Australia Day, she made her own decision that it is too close to new school year and I will never have the child that time. This happened 3 years in a row and I believe this influenced the Magistrate to get us to apply for new orders

So other than putting the child in vacation care myself which looks to be expensive or what the lawyer suggested, which was ask for pupil free days I don't know of any other ways to get more spend time. What makes it a bit more difficult is that they live about 45 minutes away as well.

Obviously there is more information than you have posted here including the ages of, however you will need good reason for an extension lest the other side claim you are being vexatious. Much will of course depend on other issues.

The child is 8.

I will explain how I got to this court hearing. About a year ago we went to mediation as required as both the child, the family and myself wanted more spend time. I didn't follow up though after a futile mediation session. I had moved house and met my now current partner. Late last year I was yet again informed I wouldn't be having spend time in January (3rd year in a row). I couldn't get a court hearing as the breach hadn't occurred yet and I didn't have enough evidence. I tried putting in an application and my new orders. Surprisingly enough the matter was listed although my applicationi was a bit of a rush job, the primary concern was to have the January spend time to go ahead. I asked for an adjournment/extension for these new orders. It was there that the Magistrate first mentioned the significant changes. My interpretation was that after these matters where dealt with I couldn't come back a week after. Turns out I have been wrong and have spent hours drafting 33 new orders, a shotgun approach as the lawyer put it. He said I would need to focus on 3 - 4 main order changes and I assume link them to the significant changes.

The lawyer said I could try and apply for legal aid and that I wouldn't be able to afford private representation. I don't believe I am being vexatious but am worried the Magistrate will either go ahead and dismiss the orders or at least change a few. I am happy with most of the current orders but would like more spend time and less restrictions, especially being on annual leave. The mother argued that she doesn't want the child left at the house with other family members as they had a past of violence or drugs. she had no evidence however the order was granted.I find it odd I can't even leave my son with my mother aged 67 who has raised 5 kids and 3 grand kids.

Last edit: by triple_beam

triple_beam said
The mother puts him in vacation care herself. I could put him in vacation care closer to where I work/live and arrange during those times to leave work earlier so that we get a few more hours spend time.
Rather than a few after care hours why are you not asking for Friday afternoon to Monday morning which would be a good solid time block?
triple_beam said
….It was there that the Magistrate first mentioned the significant changes. My interpretation was that after these matters where dealt with I couldn't come back a week after. Turns out I have been wrong and have spent hours drafting 33 new orders, a shotgun approach as the lawyer put it. He said I would need to focus on 3 - 4 main order changes and I assume link them to the significant changes.
Are you therefore saying that the Court stated or implied there were significant changes? The lawyer was correct as the shotgun approach will often have the reverse effect desired. Professional advocates be they experienced Lawyers or Barristers will focus on three or four issues.

You mention your accommodation and a recovery from an illness were these factors that influenced the original orders?
triple_beam said
a) marked adverse behavioural changes in a child;[15]
Detailed by a specialist/third party?
triple_beam said
e) child sex abuse;[19]
You do not elaborate on this issue which is by far the most important to a Court

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Rather than a few after care hours why are you not asking for Friday afternoon to Monday morning which would be a good solid time block?
Are you suggesting Friday to Monday every alternate week or just school holidays? I assume every alt week. My current order causes all usual spend time to be dismissed over school holidays and other special times. That and my illness will make that request unworkable.  

 Looks like Ill need an adjournment and to draft new orders which are going to have to last into the future. Can't keep depending on significant changes to keep amending orders. If required I can post my current final orders and my new orders.

  
Are you therefore saying that the Court stated or implied there were significant changes?
To clarify…at our last hearing in January there were 2 issues  - 1 was the mother was not going to allow 2 weeks spend time near Australia Day but the other was an application for new orders which had been on foot for almost a year. We had been to mediation at FRC but I hadn't followed it up any further.

 My main concern was to get into Court about the impending breach but I did a rush job of the new orders and the affidavit makes no mention to them. Rather my affidavit only discussed the January school holidays. The Court was ready to hear the case for new orders and the fact the mother had said I couldn't see the child in January.

 I asked for an extension and the Magistrate seemed less than impressed. He provided a time extension and mentioned something along the lines of - after these orders are looked at  I can't come back next week with more amendments. He wouldn't hear another case without significant changes. So my interpretation is that he is going to look at these 33 new orders as a "freebie" but then after that don't come back without significant change. However might be silly of me to assume that.

 I really need a proper reason for an adjournment and then new orders. My plan is to go in prepared that the adjournment is refused however my reason for an adjournment is:

  • Not being vexatious
  • I've been to a community law service and was turned away due to budget cut backs
  • Finally got a 30 minute session at one community center but she just went through my 33 orders, she didn't mention significant change required. However I didn't take my affidavit or forms in just the orders
  • Went to a black and gold lawyer, again with only the old and new orders. He spent 1 hour doing a case information file then an hour going through the orders.
  • That lawyer also became upset that I hadn't brought in all past documents, he clarified significant change would be required, said I couldn't afford private representation and said to apply for legal aid.
  • I can tell the Court I apologies, clarify I have only now understood significant change will be required to advance and I will require to seek further legal advice due to not being able to afford private representation

 Do you think the above is a strong enough argument or should I add to it?

 
The lawyer was correct as the shotgun approach will often have the reverse effect desired. Professional advocates be they experienced Lawyers or Barristers will focus on three or four issues.
These few that would be changed…do they have to be related to the significant changes?
 So I can forget about amending other minor orders?

 
 You mention your accommodation and a recovery from an illness were these factors that influenced the original orders?
To clarify…At the time of the old orders I was in a flat…now I live in a large house. I take this as one significant change that would be beneficial to the child. The old flat was 1 bedroom so I had to put 2 beds in and when he stayed I slept in the lounge. the mother and court said eventually I would need to get him his own room for personal development.

I had no illness issues at the time of the 2010 orders.

a) marked adverse behavioural changes in a child;[15]
Detailed by a specialist/third party?
e) child sex abuse;[19]
You do not elaborate on this issue which is by far the most important to a Court
What I did in the first post was list examples a) to g) I read on this forum of significant changes then said from these above examples the following apply - c), b), f), and g)

I do recall he was seeing a school psychologist a while ago due to behavioral problems and a pediatrician. I should get the reports for my records, thanks for reminding me. The child's behavior is of no issue at the moment and I've been advised not to involve court appointed specialists to complicate matters further.

Last edit: by triple_beam

1 guest and 0 members have just viewed this.

Recent Tweets