Donate Child Support Calculator
Skip navigation

Can't find the answer, please help

Add Topic
I have searched through this and many web sites and can't find answers to what I am sure is a documented somewhere so forgive me for asking but….I live in Victoria with my spouse and our two children aged 7 and 10. Apart from disharmony with my spouse we have a generally healthy relationship with our children

I need to What access rights do I have to my children?

I am still working but recently became the only income earner as my wife changed careers to train as a teacher.

Currently my spouse says she is willing to give access every two weekends and some holidays but we seem to be sticking at the option of also adding upto 2 working days a month.
Well your ex will need an income to enable her to live whilst she studies so if she has majority care of the kids you will pay her child support and she will receive Parenting Payment single or Austudy and family tax benefits. If you have less that 35% care then she will get 100% of family tax benefits and the less care you have the more child support you will pay her.

Neither parent have any access rights in fact the term access is no longer used. Instead the children have a right to a relationship with their parents.

As it stands you can get the default non-custodial parent standard care of every second weekend and half of school holidays. If you wish to have greater involvement in the lives of your children for example their education, then is no reason why you could not get at least 40% care.

The process and outcome will come down to how much your ex needs the extra cash by having maximum care.
Thanks for your reply and what I got from this was that I would be well within my rights to request a couple of working days access to my children in addition to the standard every 2nd weekend and half of the holidays. However your last sentence created some confusion for me. It appears to indicate that if my spouse needs more child support she can use this as a reason not to give me the access I wish to have?



Sorry for any confusion but I am just getting to grips with this whole area.
Yes that is correct. Because you have been out working and she has been raising the kids, she has first dibs on who becomes the major carer of them.

There are many models of shared care. One is to have 50/50 week about. Another is to have a fortnightly rotation for example you have Wed to Sun week 1 and Wed to Friday week 2 and then split school hols week about etc..

If you only want a couple of work days during school terms so you can have some involvement in their schooling then perhaps you run a fortnightly cycle of
Friday after school to Sunday 7pm week 1 and then Wednesday after school to Friday start of school week 2.

If she has done her homework she will ensure you will only have the minimum care and will probably start at  14% care or 51 nights per year as this maximises your child support liability.
Hi I would like more than a couple of days a week but by the sounds of it this doesn't really matter because other than the standard once every other weekend and half the holidays she can deny me any further access!?

This doesn't sound fair!

However a bit of information that may help, she only recently gave up work and she has been at home for about 10 months only. She will soon start to go back to work (now as a teacher). Does any of this information help me in any way or am I basically not entitled to any more than the access mentioned above?
Hi I would like more than a couple of days a week but by the sounds of it this doesn't really matter because other than the standard once every other weekend and half the holidays she can deny me any further access!?
If it went to court it would be up to the judge to decide, she could try to deny you weekday access but no guarantees it would go in her favor.

Out side of the court system you and her can agree to anything that you both like, there are no 'rights' per say.
Well if she is off to work then she is not totally motivated to live off the system although Family benefits and child support will still apply to a lesser extent. I guess it will come down to how she views your relationship with the kids. To be honest she will probably appreciate your support because she will be busy establishing her teaching career for the next 5 or so years. Why don't you talk to her about this.
To be honest she will probably appreciate your support because she will be busy establishing her teaching career for the next 5 or so years. Why don't you talk to her about this.

That might be an avenue to go down. My neighbors are teachers and I often baby sit their kids after school because of the after-school stuff teachers get involved in. Perhaps you could offer to let her choose one extra day every week/fortnight where you could pick them up from school and take them back the next morning, so she can do school stuff like marking ect.
Frenzy - a beginning teacher will need a lot more support than that. I'd say she will be pretty busy most of the week especially Sunday afternoons/evenings.
1 guest and 0 members have just viewed this.

Recent Tweets