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Rice & Asplund

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Secretary, you write that rice and asplund make it difficult to go back. Do you mean that fathers whom previously got nothing or next to nothing are being prevented by rice and asplund from a new application? If so can you fnd a means to explain all this to me? I have had a lot of success in general law at breaking precedents. I believe that you have my email.
I am not sure that I have your mail so please re send. I get some 200 to 300 mails a day so may have overlooked it.

There has been MUCH discussed here about Rice & Asplund. Have you used the search function to locate any of the material?

Unless there is a change of circumstances sufficient to re-look at things it is difficult to get a case re heared or re opened.



Executive Secretary - Shared Parenting Council of Australia
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Thanks, I will read up first and then try to catch you later for further detals.

I think it is worth a look andmaybeit is time for the next evolution of it. I recall that early on with shared parenting it was said that the Court was in a panic due to a fear of being overloaded by new applicants. Perhaps they have had time now to adjust.

At the moment I am having real problems that seem linked to a South Australian person / org that I think is one of the pschologists that you have mentioned as giving the fathers groups a hard time.

My mother got sick when my liitle boy was visiting her for a holiday and got taken into care. Now they won't give himback. They havefiled in Courta document that says he lived in SA for two years. However it is not true, my son always lived in Victoria. Sounds easy to fix. It is not. They even tried to stop me from filing at Court and sneered," You cannot apply to a Court."

I knew there was a funding war but this is ridiculous. My son has been kidnapped.

Last edit: by Secretary SPCA

Guest said
I think it is worth a look and maybeit is time for the next evolution of it. I recall that early on with shared parenting it was said that the Court was in a panic due to a fear of being overloaded by new applicants. Perhaps they have had time now to adjust.
This is not about an evolution of legislation. It is a case that is used by the judicial officers to get a benchmark sense from a previous determination that will allow them to consider if the current case meets any of the Rice & Asplund threshold. The courts have resisted publishing a set of exact guidelines because no case is ever the same. From my experience in various cases the courts prefer to see what sort of issues are on the table before rolling out Rice & Asplund. By creating a definitive set of guideline rules it could preclude some cases from even getting to be looked at.

The general principal is that a reasonably significant change of events has occured. This might include the child being three when orders where made and the child is now 11 or 12 and perhaps needs to get a passport to go overseas on a school trip and one of the parents refuses to assist in getting the Passport documents completed.

The courts did bring that concern to attention just before the final Bill passed royal assent, but special legsilation was enacted that ensured no old cases could be re opened simply on the passing of the new legislation into law.

There are hundreds of posts on the site about Rice & Asplund.
Guest said
My mother got sick when my liitle boy was visiting her for a holiday and got taken into care. Now they won't give himback. They have filed in Court a document that says he lived in SA for two years. However it is not true, my son always lived in Victoria. Sounds easy to fix. It is not. They even tried to stop me from filing at Court and sneered," You cannot apply to a Court."

I knew there was a funding war but this is ridiculous. My son has been kidnapped.
This seems quite extraordinary. If your mother was sick why did she not let you know so you could go and collect the child? Have you fronted up to collect the child? Who is stopping you from getting your child back? You need to get a site account and discuss some of these matters with specialist Self Represented Litigants members who are on the site from time to time. You will need to discuss matters in private. What action have you taken with local legal aid?


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
 
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