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What applies in orders?

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Just a quick question for clarification

If orders contain no indication of a specific Australian time zone, yet are specific with changeover times and location. Which time zone applies?

My son is to be attend changeover tomorrow in Qld and the orders say 11am but my ex is saying it should be 12 because the orders were lodged in NSW.

Is it the time zone the changeover is to take place, eg 11am at a location in Qld does not mean changeover has to occur at 12pm because the orders were lodged with a NSW registrar?

thanks in advance

My view would be the time where the child resides at the time of change over. In other words in this case 11:00am QLD time. Is this really for real ? Your ex partner needs some serious help…  :(

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Secretrary_SPCA, I'd disagree with the reasoning but agree with the result, in that the time should be according to the actual location of the changeover. That's how it would e taken in any other walk of life e.g. if you had a meeting/interview in a different time zone then the time specified would be according to that time zone. Perhaps something along the lines of; "even though the orders were made in NSW, the orders would have taken into consideration that the changeover was to be in QLD, and as it would be the practice in any normal meeting or event, the time of the actual location is what is considered, thus the time should be the time as per QLD time". Perhaps add something along the lines of; "however if the time that you agreed to is inconvenient or difficult for you to manage, then in future the time can be according to NSW time, if you have new orders drawn up specifying this".

Should it really matter anyway? If the later time is used then surely the subsequent changeover also be at a later time.

What perhaps needs to be considered, is the reaction of the other parent and how this might affect the child. An obtrusive alienating type parent could make a great deal of this one hour loss(sic) (but not really a loss as the subsequent changeover will also be according to NSW time) and use it to further alienate the child (or try to, a child will get to an age where they may well see the actual motives), so perhaps the win/win situation is to go for the later changeover. The other parent gets what they want, but not in reality as they have likely not even considered the changeover when the child is returned and they will be stuck with their decision that it's NSW time and as such they have dealt themselves a losing hand.

It could perhaps be that the other parent is trying to force a contravention of the orders, so they can in their mind go running to the courts or perhaps even the police and try to get you considered as a flight risk. Therefore it may be wise to get some evidence of the changeover in regard to the later time (if you feel that it should be later). An email/letter/sms/recorded phone call of the confirmation of the changeover time. A witness of the changeover, e.g. if the changeover were at MacDonalds then perhaps the manager would be kind enough to sign a prepared letter saying that they witness the changeover/arrival.
The start time is where the children will have contact, the time 'that contact will commence at the place nominated in the orders'.

It does not matter a bean what State the orders were made in.

If parents are not aware that Australia has different time zones and different daylight saving hours they are confirming to a Court they are either idiots or are deliberately playing games.

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