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Kids could be moving out of town

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The last year has been good on the family front. Now that I'm married again things seem to be settling down.

That was until the information about new maintenance was sent to my ex. Basically it means she will be $800 a month worse off. This will (so she says) cause huge cash flow problems resulting in her having to sell their house.

She has put pressure on my older kids with them coming over demanding I continue to pay the same amount. This gave me a good opportunity to explain to them why the government had changed the calculations and that it was now fairer to both partners.

My concern now is that the X is frantically cleaning the house and yard. I think ready for sale. Her aim has always been to move to NSW about eleven hours drive away.

The court orders mention timings that I get to see the kids and that I do all the pick up and delivery but nothing about her living away from Bendigo.

I think her plan is to move away so that I have less contact resulting in her getting more maintenance.

I'm happy to represent myself again and put an order in to stop her taking the kids away.

What do you think? What forms should I fill out? Is it part of the old proceedings or a new one?
Uber.

As far as the legislation goes there is protection against contraventions of court orders with regard to reducing Child Support. Basically unless overridden by an oral agreement or written agreement that is later than the court order, the court order stands. However if the registrar (i.e. CSA) can be satisfied that you are not attemtping to maintain contact, the registrar can reduce CS. So her move will possibly be in vain with regard to CS.

You also need input from the SRL's with regard to dealing with the moving away aspect. It appears that slowly this act is being thwarted.

If you haven't join the SRL group (Click Community Above, then SRL-R and the Join SRL-R).

Please note that the SRL-R help people to help themselves and as such they expect people to show that they have the attitude to help themselves, for instance by reading much of the material generally available from the SRL-R section and by the taking the SRL-R test. Their resources are limited and in great demand, as such they have no option other than to be selective.

I think you might need to be prepared to act quickly to try to stop or limit the move rather than try to undo it. Do you have a clause saying that you don't have responsibility for long term decisions? If not then I think, but again see what the SRL's have to say, that moving without involving you in such a long term decision would perhaps not be in her favour.

Here's the relevant sections of the Child Support Assessment Act :-
Child Support Assessment Act said
49 Agreements, parenting plans and court orders may determine
percentage of care

The percentage (if any) of care of a child that a parent or
non-parent carer is likely to have during a care period is
determined in accordance with the following agreement, plan or
order if the Registrar is satisfied that the agreement, plan or order
allows such a percentage to be determined:

(a) if the relevant application for administrative assessment for
child support for the child is made under subparagraphs
25A(b)(ii) to (iv) (application by non-parent carer in relation
to one parent):
(i) an oral or written agreement, or parenting plan, between
the parent and a non-parent carer of the child that the
Registrar is satisfied has been made; or
(ii) a court order that relates to the parent and a non-parent
carer of the child, or that relates to the child;
(b) otherwise:
(i) an oral agreement between the parents of the child that
the Registrar is satisfied has been made; or
(ii) a parenting plan for the child that has been entered into
by the parents; or
(iii) a court order that relates to the parents, or that relates to
the child.
50 Registrar determinations where no agreement, plan or order
(1) The Registrar must determine the percentage (if any) of care of a
child that a parent or non-parent carer of the child is likely to have
during the relevant care period if there is no agreement, plan or
order that allows such a percentage to be determined under
section 49.
(2) In making the determination, the Registrar must take into account
such period as is required in order for the Registrar to be satisfied
that there is, has been, or will be, a pattern of care for the child.
(3) The Registrar may revoke or vary a determination made under this
section.
Subdivision C - Changes to percentages of care
51 Person no longer agrees with oral agreement
If:
(a) an oral agreement determines, under section 49, a percentage
of care of a child that a parent or non-parent carer is likely to
have during a care period; and
(b) the Registrar becomes aware that a parent or non-parent carer
of the child no longer agrees with that percentage of care; and
immediately before the oral agreement was made, a parenting
plan or court order determined the percentage of care of the
child that each parent or non-parent carer would have during
the care period;
the percentage of care of the child that a parent or non-parent carer
is likely to have during the care period is as determined in
accordance with the parenting plan or court order.
 52 Interim Registrar determinations where parent or non-parent
carer does not agree with percentages of care


(1) The Registrar may determine the percentage (if any) of care of a
child that a parent or non-parent carer of the child is likely to have
during the relevant care period if:
(a) there is an agreement, plan or order that allows such a
percentage to be determined under section 49; and
(b) a parent or non-parent carer of the child does not agree that
the care of the child that is actually taking place is in
accordance with the percentage so determined; and
in the circumstances of the case, the percentage so
determined would result in an unjust and inequitable
determination of the level of financial support to be provided
by a parent for the child; and
(d) a parent or non-parent carer of the child has taken reasonable
action:
(i) to seek to reach agreement; or
(ii) to seek a court order; or
(iii) to enforce a court order;
about the care of the child; and
(e) a parent or non-parent carer of the child applies for the
determination.
Note: If the Registrar refuses to make a determination under this section, the
Registrar must give the applicant a notice under section 54.

(2) In making the determination, the Registrar must take into account
such period as is required in order for the Registrar to be satisfied
that there is, has been, or will be, a pattern of care for the child.
(3) The Registrar may revoke or vary a determination made under this
section.
(4) Before the end of 6 months after a determination is made under this
section, the Registrar:
(a) must review the determination; and
(b) may make another determination under this section.
 53 Registrar determination where parent?s care falls below 14%
Making a determination
(1) The Registrar may determine the percentage (if any) of care of a
child that a parent or non-parent carer is likely to have during a
care period if:
(a) a parent (the first parent) was to have at least regular care of
the child during the relevant care period under an oral
agreement, parenting plan or court order; and
(b) the first parent has no care, or has a pattern of care that is less
than regular care, of the child despite the other parent or a
non-parent carer making the child available to the first
parent; and
the other parent or a non-parent carer of the child applies for
the determination.
Note: If the Registrar refuses to make a determination under this section, the
Registrar must give the applicant a notice under section 54.
Day on which determination commences
(2) The determination must specify, in accordance with subsections (4)
and (5), the first day in the child support period to which the
determination is to apply.
(3) The determination applies to the day specified, and later days in the
child support period.
(4) If the Registrar is satisfied that the other parent or the non-parent
carer who applied for the determination failed, within a reasonable
period, to notify the Registrar that the first parent had no care, or
less than regular care, of the child during the relevant care period,
the day specified must be the day on which the determination is
made.
(5) Otherwise, the day specified must be:
(a) if the first parent never established a pattern of care in
accordance with the oral agreement, parenting plan or court
order?the day on which the plan or court order was entered
into or made; or
(b) if the first parent established a pattern of care in accordance
with the oral agreement, parenting plan or court order, but
later ceased the established pattern of care?the day on which
the parent ceased the previously established pattern.
(6) To avoid doubt, a parent never establishes a pattern of care if:
(a) the parent could not have established the pattern of care until
a particular period that occurs later in the child support
period; and
(b) the parent does not establish that pattern during that
particular period.
(7) The Registrar may revoke or vary a determination made under this
section.
Registrar to make determination under this section (and not
interim determination)
(8) If the Registrar could make a determination under section 52 and
this section in respect of the percentage of care for a child, the
Registrar must make a determination under this section and not
section 52.
 54 Notice to be served if Registrar refuses application
(1) If the Registrar refuses to make a determination under section 52 or
53, the Registrar must serve written notice of the decision on the
person who made the application.
(2) The notice must include, or be accompanied by, a statement to the
effect:
(a) that the person may, subject to the Registration and
Collection Act, object to the particulars of the assessment in
relation to which the person sought to make the application;
and
(b) that if the person is aggrieved by the decision on the
objection, he or she may, subject to that Act, apply to the
SSAT for review of the decision.
Subdivision D?Where there is more than one agreement, plan,
order or determination
 55 Where there is more than one agreement, plan, order or
determination

(1) If more than one agreement, plan, order or determination applies,
under section 49, 50, 52 or 53, to a day in a child support period,
then the percentage of care of a child that a parent or non-parent
carer is likely to have during the care period is as determined by
the most recent agreement, plan, order or determination.
(2) However, the most recent agreement, plan or determination is
subject to any court order made in respect of the percentage of care
of a child that specifies that the order cannot be altered by
agreeme
Do it as quickly as you can Uber. My X did a runner from NSW to Queensland last August. There were no orders in place and I have spend all this time going through the necessary pre court steps. Believe me it is a slow process and doesn't help the cause. I am only now at the stage where I can attempt to be a SLR. I have spent 2 weeks preparing a chronological "event" dossier, and still have a way to go before I reach the stage where I can submit an Affidavit for interim and Final Orders. I have taken the advice of the members of the SRL-R and have downloaded judgements and precedents, spent time observing in the FCoA (scary but educational).

The folks here are very knowledgable and offer sound advice.
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