Hello,
Thanks in advance for any insight.
I'm seeking changes to final orders, and would like some thoughts on what's considered significant change in the context of Rice vs Asplund.
Basics of the situation are
Separated 2015, children were 18mths and 4years.
Family report done same year. In the report 18mth old was too young for interview (obviously), 4yo wanted more time with me (at that stage was 4/14 nights) but was denied due the belief that the children should be together.
Consent orders reached 2017, at that time 5/14, moved to 6/14 + week-about over holidays a year later where it currently sits.
I wish to move to a week about arrangement for the following reasons;
1) both children have been indicating their desire for equal time with each parent for many years, recently I have been asked by the eldest "How old do i have to be before i can make my own decision" and "When are you going back to court to fix this"
2) the current orders, originally intended to make sure the children were not away from any 1 parent for long durations are patchy (3/4/2/2/3 nights over 14) and cause unnecessary disruption. There are very different rules and routines in each house, and it becomes a cause of friction multiple times a fortnight post changover. Week about would mimise these changovers.
3)The eldest is now at high school which has different start & finish terms dates. The current orders are worded assuming they are synchronised with wording such as "holidays commencing xx/xx on a week about basis....from the conclusion of school on the last day of the school term " This would lead to the children being in different parent's care over holidays depding on the start and finish dates of their respective schools' term.
4) Every year there is conflict over interpretations of the holiday orders (in one case returning to court to sort out). A week about arrangement would continue through holidays elimiating this issue.
I have requested mediation, but im pretty confident this will move to an application in the coming months.
Any thoughts are welcome.
Thanks
RJ
Thanks in advance for any insight.
I'm seeking changes to final orders, and would like some thoughts on what's considered significant change in the context of Rice vs Asplund.
Basics of the situation are
Separated 2015, children were 18mths and 4years.
Family report done same year. In the report 18mth old was too young for interview (obviously), 4yo wanted more time with me (at that stage was 4/14 nights) but was denied due the belief that the children should be together.
Consent orders reached 2017, at that time 5/14, moved to 6/14 + week-about over holidays a year later where it currently sits.
I wish to move to a week about arrangement for the following reasons;
1) both children have been indicating their desire for equal time with each parent for many years, recently I have been asked by the eldest "How old do i have to be before i can make my own decision" and "When are you going back to court to fix this"
2) the current orders, originally intended to make sure the children were not away from any 1 parent for long durations are patchy (3/4/2/2/3 nights over 14) and cause unnecessary disruption. There are very different rules and routines in each house, and it becomes a cause of friction multiple times a fortnight post changover. Week about would mimise these changovers.
3)The eldest is now at high school which has different start & finish terms dates. The current orders are worded assuming they are synchronised with wording such as "holidays commencing xx/xx on a week about basis....from the conclusion of school on the last day of the school term " This would lead to the children being in different parent's care over holidays depding on the start and finish dates of their respective schools' term.
4) Every year there is conflict over interpretations of the holiday orders (in one case returning to court to sort out). A week about arrangement would continue through holidays elimiating this issue.
I have requested mediation, but im pretty confident this will move to an application in the coming months.
Any thoughts are welcome.
Thanks
RJ
