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Post #7687 by gmoney on March 27th 2008, 4:49 PM (in topic “School Holiday definition?”)

School Holiday definition?:

No worries Mike, it is hard to give a lot of details in a posting without writing too much

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Post #7679 by gmoney on March 27th 2008, 4:21 PM (in topic “School Holiday definition?”)

School Holiday definition?:

Just so you know Mike, the near 10 year old is not his daughter, he is only her step-father, so technically no more her father than I now am. As for her well-being, she screams at him to not say the things he says about me and her mother, but he doesn't care, so it isn't us that is not looking out for whats best for the children.  Another example is that she wants to go on a camp in a few weeks time but it falls on his access weekend, we are more than happy to swap weekends but he will not agree to it.

Peace would be a wonderful thing but this man is not like most, he is purely out to cause pain and trouble. In the past we have given him an extra day, etc. and then he just continually demands more and more.

My wife lived with this man controlling, belittling and walking all over her for 8 years of her life and when she left him she hoped that would be over, but he seems like he has made it his life mission to hurt her.

He will not communicate with my wife by any way other than email and in the last couple of weeks has blocked any emails with our surname in them, how can we try to be reasonable with someone who is so full on aggressive against us.

Please don't think I am trying to make out that everyone is like this or that your situations aren't worse, just this is a real mess and only is going to get worse and worse.

A prime example is that my wife is now pregnant and because of previous complications, soon will not be able to travel. There is no way known that her ex is going to return the children to me because I am not included in the orders (made before we were married)…that is the level of pettiness that he goes to.

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Post #7673 by gmoney on March 27th 2008, 2:53 PM (in topic “School Holiday definition?”)

School Holiday definition?:

The exact wording of the orders with relation to his access during school holidays other than Christmas is as follow :

"For half of all other school holiday periods in which, unless otherwise agreed, shall be the first half of the school holidays in even numbered years and the second half in odd numbered years."

I have been led to believe that school holidays run from the Saturday after school finished to the Sunday before school starts, after all how can you call a day when the children attend school to be part of the school holidays?  That would make the holidays run for 16 days and therefore half would be 8 days.

Also I believe that Good Friday is a public holiday that falls on a school day and Victoria just decides to then run the school holidays after that point for the following 2 weeks. After all if the school holidays had not been for another 2 weeks, and he only had weekend access over Easter, he would only have had the children on Saturday and Sunday, not Friday to Monday.

The children are a girl aged almost 10 and a 2.5 year old boy.  The reasoning my wife and I don't want the children spending any more time with her ex than necessary is that he is causing mental trauma to them, in particular the 2 year old because he is not willing to acknowledge the fact that my wife is re-married.  He tells the children that our marriage is adulterous, unChristian, etc (we had to explain adulterous to the girl) and that they don't have to listen to me or do anything I tell them as I have no right to be a father to them.  This is just the tip of the iceberg, this is a very messy situation.

My other issue is that in the past he has messed with return times and even withheld the 2 year old last year for several days until a Recovery Order was issued and he was forced to return him.  During his court appearance to get his rights back that were suspended by the Recovery Order, the Magistrate made him give an assurance to the court that he would return the exactly when required and not play these games or else he would be in contempt of court.  Now he has via email told us that he doesn't listen to local magistrates and only to a federal magistrate and therefore I am presuming he has no regard for his assurance about this issue.

Does anyone know how contempt of court in such situations works and how the court is made aware if he reneges on the assurance that he gave the court?

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Post #7621 by gmoney on March 26th 2008, 12:20 AM (in topic “School Holiday definition?”)

School Holiday definition?

Hello.

My wife and her ex have court orders regarding her two youngest children, who reside with us.  The orders say that he has the children for half of the school holidays.

Our solicitor said that school holidays are considered to be 16 days (2 weeks plus extra weekend) and as such that her ex is entitled to 8 days.  He on the other hand says he will not give back the children after 8 days and is going to have them for half the time from 2.30 Thursday when school finished through to 9am Monday when school goes back… his definition of school holidays.

The way I see it, last Thursday was a school day and so would have been Friday except it was a public holiday for Good Friday, and then the Monday that school goes back is also a school day so how can any of those days be included in school holidays?  That leaves the 16 days that our solicitor said is what constitutes the holidays.

My wife's ex is representing himself and will not communicate with our solicitor. He has been in trouble for withholding the children in the past and had to make an assurance to local magistrate that if he didn't return them again he would be deemed in contempt of court.  We have not been able to contact our solicitor so far and even if we do, he only seems to care about money and probably won't do anything about it, is there anything that we can do about this, or once again do we just have to let this man walk all over us?

I hope someone has some Ideas and can help.

Thank you.

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Post #1555 by gmoney on August 5th 2007, 3:07 AM (in topic “Requirements for weekend access?”)

Requirements for weekend access?

My fiancee and her ex are in the middle of a custody case regarding her 2 youngest children, daughter aged 9 and son 2.  The daughter is not the ex's child but the son is.  This case was heard before a federal magistrate in mid May and we are still waiting to hear an outcome, which is very frustrating considering the magistrate said it would only be 4-6 weeks and it is almost 12 now!  The children live with the ex and the magistrate provided my fiancee with weekend access until decision is delivered.

My main concern is with regards to the requirements and obligations surrounding the children's access visits on the weekend.  Is he required to provide clothing for the children during their two days with my fiancee (i.e. 2 changes of clothes)?  He is not providing anything at all and my fiancee is being forced to but essential clothing such as underwear for them just so that they have clean underwear to wear over the weekend.  To make things worse, when the children return with the new clothes, he does not send them back with them the next week either, just seems to keep them for himself!

On top of this there are concerns for the well being of the children, the daughter in particular.  A few weeks back she was complaining of headaches and a rash and the ex would not take her to a doctor, so my fiancee had to.  The rash was excema and she had to get cream for it and the ex would not pay for the tube that was bought to go back with her either.  On top of that she then presented with shoes that had gaping holes in them, during the middle of wet, cold winter, so my fiancee had to buy her new shoes too.  Now she has come this weekend with head lice and my fiancee is worried that the ex will not pay for treatments for that either and may even resort to some radical approach such as cutting her daughter's beautiful long hair off…just because he knows how important it is to my fiancee.

How can all this be fair, my fiancee gets $60 a fortnight for the kids and most of that goes on petrol for the 2 hour round trips twice a week (pick-up and drop off) and to give them food, yet she is also being forced to buy all these things which I would have thought the primary carer, who is being paid the majority parenting payments, should be providing for.

Any advice that you could provide me with regards to this matter would be extremely and gratefully accepted as we are at a loss to know what to do next as things are getting worse, week by week.  There is little point contacting her solicitor as he has been useless in the past and caused her more problems that good.

Best wishes,

John

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