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Post #3933 by Dudeski on January 12th 2008, 10:56 PM (in topic “A "must read" decision - Sealey & Archer [2007] FamCA 432 15/05/2007”)

A "must read" decision - Sealey & Archer [2007] FamCA 432 15/05/2007 :

No-Justice said
When the Executives of this site come on they might be able to help you better than I.

Have a Happy New Year
Thanks again no-justice, the first thing I will be doing this Monday is applying for an extension since I haven't received the detailed judgment yet.

I know what you're saying about all the points the FM has to weigh up but at the end of the day I see this as a poker game, whoever has the best hand wins and the "primary care giver" always holds a wildcard.

My ex is living in a "family" unit with her new partner and a new baby girl. I think a "half-sister" trumps grandparents and relatives. She has a full house and all I got is a pair of jacks :(

I just need to buy more time in terms of shared care until my next hand of cards gets better.

The courts are like a casino, naive males think they have a chance of winning…

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Post #3924 by Dudeski on January 12th 2008, 12:38 AM (in topic “Taylor & Barker [2007] FamCA 1246 19/10/2007”)

Taylor & Barker [2007] FamCA 1246 19/10/2007 :

oneadadc said
The says that while the child's best interests trump the parents interests, the custodial parents right to P off is paramount. Moving down the street is not constructive if you wish to get the ex out of your (and the children's) life. Find a partner in another state, make a new baby and then ask the court and all will be forgiven and all wished granted. There have been a number of these.
Unfortunately this is exactly what happened to me. My decision was handed down last month. I will have shared care (2 weeks on/off) for at least one more year before my daughter starts "prep-school", then I will only see her on school holidays.

The FM made a judgement that "prep-school" was more important than continuing shared care. Considering that its non-compulsory education, should I appeal against this and have my daughter in shared care for another year? Maybe attend prep in both states?

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Post #3524 by Dudeski on December 28th 2007, 8:42 PM (in topic “A "must read" decision - Sealey & Archer [2007] FamCA 432 15/05/2007”)

A "must read" decision - Sealey & Archer [2007] FamCA 432 15/05/2007 :

No-Justice said
Do you mean your Orders were made about the 10th Dec 07?Have you received a copy of the "reasons for Judgement" yet?
Orders were made on the 20th Dec and I haven't received a copy of the judgement or transcript.
No-Justice said
Were there Court Orders in place before your Ex went to SA?
There were no orders in place, I gave her standard orders to sign after separation, she refused to sign them.
No-Justice said
Depending on what occurred and was said by the FM and both parties a Writ of Certiorari to quash the relocation Order might be the quickest way to go but needs suitable grounds for it to be made by obligation. They are other than a proper application of the Law i.e. the location of the majority of the immediate family members are in your area not the mother's.
Mother has no family in S.A., I have my mother and father (my daughters grandparents) in the immediate area and many other relatives.
No-Justice said
Have you found the internet access to the Acts and Rules?
Yes I've been looking at other relocation judgements on the fmc website.

I'll have a read of the other links you've posted, thanks for your advice No-Justice.

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Post #3505 by Dudeski on December 27th 2007, 7:50 PM (in topic “A "must read" decision - Sealey & Archer [2007] FamCA 432 15/05/2007”)

A "must read" decision - Sealey & Archer [2007] FamCA 432 15/05/2007 :

Should definitely be more Judges like this. I'd like to see more examples of relocation cases with a less than predictable outcome.

I just got handed down my judgement recently in a relocation case where my ex and her new partner unilaterally relocated to South Australia while we had shared equal care in place.

The magistrate allowed her to remain in S.A. and continue shared care for the interim orders (flying my daughter back and forth) and for the final orders that the shared care remain in place until my daughter starts prep-school. Then I will only get to see her mostly on holidays.

I was hopeful that in the light of the new "shared care" changes, I would have a favourable outcome but unfortunately it didn't turn out as planned and I don't think the system has really changed.

I've learned the hard way about how the system really works. If I could wind the clock back and have the knowledge that I do now, I would have NEVER stepped foot in the court room OR the Family Report Writers office.

I think relocation cases should have a specific section in the law to address at least the most basic issues. Because of certain "loopholes" in the Family Act, it has made it possible for my ex to relocate my daughter even with shared care in place.

I'm at a loss in terms of what to do next, any advice would be appreciated, I have 20 days left to appeal… :'(

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