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Post #51084 by fishman3226 on June 21st 2014, 10:19 AM (in topic “Child support and child not at school”)

Child support and child not at school

Hi all,

Thought I might raise this for discussion. I have three children, one with my current partner and two with my ex. All three were living with me with my ex regularly interfering and making things difficult. My daughter with my ex has decided that mother dear is the place to live and of course school attendance is down considerable and mum now struts around making proclaimations about being the one in charge and so on. Mother is a mental case - sadly undiagnosed - and I do believe that it is a matter of time until my daughter returns to my care.

I must stress there are orders signed by consent that both children with my ex live with me. Mother IS in contravention and I do have mediation booked next month (although I think this will be useless.)

My concern is, in the event that the daughter does reside with the ex and does not attend school what are the rules around child support?

I work for a major govt agency and deal with the 'earn or learn' rules. In my opinion, the govt clearly wants children to get education and if the child is not in education how is it that I am liable for child support? With my income the child support paid would be enough to promote non attendance. Damn shame that child support is not income managed so that it would not be wasted on frivilous rubbish.

I will admit that at the moment I am not paying any C$ nor receiving any.

Any thoughts?

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Post #40310 by fishman3226 on December 11th 2011, 11:22 AM (in topic “Filing consent orders”)

Filing consent orders

Hello all,

My ex has agreed to consent orders after six months. In July she up and left the state leaving me with the children. She plans to come back in January and I refuse contact until the new orders by consent are agreed to.

I have draft copies of the consent orders she has signed. I note in the 'kit' that they must be certified as true - I am assuming this means by a Justice of the Peace? Also looking into it today it appears that they may have to be in the format as per the Application to Consent orders supplement (although the checklist for the kit does not state that they have too.) Currently they are signed, typed orders numbered in a similar format to the orders the court made back in 2009.

Any help appreciated.

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Post #38412 by fishman3226 on September 5th 2011, 7:26 PM (in topic “Abandoned children”)

Abandoned children

Hi guys, I was looking for some thoughts on what to do.

I have had a shared care arrangement in place since Nov 2009. In July my ex decided to leave Vic to live in Qld leaving me with the kids. :rockon:

I am not disappointed in this though prior to leaving I gave her some consent orders to consider that she has not responded too. The C$A have advised that they know the kids are in my care fulltime now although nothing is in place with the courts. I gave her til Friday last week (020911) to respond but unsurprisingly nothing was forthcoming.

Any thoughts about what one does in this situation? I am not prepared for them to travel to see her interstate unless something is in place and am not confortable with her having any face to face contact either - though I dont think she will come down any time soon.

She also wont disclose her address nor who her new solicitor is.


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Post #36107 by fishman3226 on April 25th 2011, 10:23 AM (in topic “Withdrawal of an application”)

Withdrawal of an application:

Yeah application, my bad.

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Post #35968 by fishman3226 on April 18th 2011, 7:20 AM (in topic “Withdrawal of an application”)

Withdrawal of an application

Hi all, I have a contravention order in place that is practically resolved - in essence bad communication from the mother and when finally discussed openly the matter is resolved.

I'll be stuffed though how to find out how to withdraw the application. I have a followup hearing on 4 May that I dont think is needed anymore. I assume a letter (I cant find any forms to do this.)

Any help appreciated. 

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Post #35266 by fishman3226 on March 12th 2011, 7:52 AM (in topic “Application to change schools”)

Application to change schools

Hello all,

I had a recent court hearing where I self represented for a contravention order (I am the applicant.) Basis of my application is that the primary school for our child has changed without discussion.

In the court a new hearing has been set and the magistrate has said I need to a file an application to change schools within 14 days. What is this? I have searched the family court site though cannot find a specific form.

Also since the court date I have found out the real reason she moved schools and that at high school will be one I am happy with. Not happy with the school change but it could be worked out. I should highlight my ex is TERRIBLE when it comes to communication

So any thoughts what I should do here? I now dont want to change the school, just have the orders changed to reflect where the schools will be.

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Post #33816 by fishman3226 on December 29th 2010, 7:27 AM (in topic “Serving contravention orders”)

Serving contravention orders

Can anyone advise if this can be done via registered post? 

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Post #33545 by fishman3226 on December 11th 2010, 8:42 AM (in topic “Children moving against my wishes and changing schools”)

Children moving against my wishes and changing schools:

The orders highlight joint parental responsibility

In addition they do show too that any disagreement about schools has to be mediated if no agreement.

It appears from contacting the FRC that she has contacted them though I am unsure when she will attend. I have told the FRC (and they have agreed) that the mediation will not be pursued if nothing occurs by the end of next week.

If I was to lodge contravention orders too - can I serve them personally or can they be done via registered post?

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Post #33406 by fishman3226 on December 6th 2010, 9:38 PM (in topic “Children moving against my wishes and changing schools”)

Children moving against my wishes and changing schools

Hi guys,

Got an issue I would like some input into.

I have three kids, two from my previous marriage (boy 12 and girl 10) and one with my current partner (girl 5.) I have had orders signed by consent in place since Nov 2009 which have been adhered to by my ex mostly. I instigated the last lot of orders and after 18 months of legal who har (ie, deliberate delays by both legal teams to drag it out) she signed shared care by consent.

My ex has one child and another on the way to her boyfriend. I dont care about this. I care however that she has decided without consultation and only being notified by the kids that she is moving to xxxxx from their current area in xxxxxxx. My son 12 is staying at school he is currently at in xxxxxxx whilst my daughter 10 is changing schools to one in xxxx. Again this is without any consultation to me. The change would mean a round trip from my home outside of xxxxxxx of an hour to get them to school and me to work each morning.

In addition since approx Oct this year girl 10 has expressed a desire to come live with me fulltime and change schools to the same school as my other daughter from 2011. Of course the ex has said this didn't happen yet I have heard from the kids that she has advised this and has been trying to guilt trip her about it (eg what do you care, you want to live with your Dad, etc.)

I initiated mediation in Oct to discuss this and the move though it was ignored. I then sent a letter where I threatened court if no mediation and received a letter from her solicitor saying she will instigate mediation. I attend the initial meet and greet at a FRC in mid Nov though as of today she has not met with them at all. In speaking with FRC today they are giving her til the end of this week to mediate or they say she has not been an active participant.

I know also that tomorrow girl 10 is being picked up from school by the mother and taken to the school the ex has decided upon. It is my contact week.

I have emailed the school in question asking if has contacted them and await a response. In my opinion, if they accept her enrolment they are contravening the orders.

I am planning that at the end of this week if no mediation is in place that I lodge a contravention at the very least with the goal of having the court order that they will not accept the enrolment (if possible) and post this (or maybe whilst lodging it) to highlight girl 10's desire to live with me.

My concern is that she is deliberately dragging this out and delaying it as long as possible. I am also worried that the courts may not hear the matter until after she moves and/or changes schools.

Any thoughts on what I am doing here and any ideas much appreciated.

Last edit: by Secretary SPCA

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