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VIC Family Court Orders and Affidavit - Clarification of Rice & Asplund Rule?

Discussion in 'Family Law Forum' started by Mummamiaz, 6 March 2016.

  1. Mummamiaz

    Mummamiaz Active Member

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    I'm seeking some clarification or rather wording to use under the Rice & Asplund Rule.

    I have submitted an application to have my current family court orders varied under the Rice & Asplund Rule so that I am able to have more time with son.

    My situation has changed considerably and I seeking to have him overnights and without any supervision.
    My concern is, I do not know how to word this correctly. The statement the Judge included in the Interim Orders made late last is as follows:

    *The applicant is to file and serve anything further to be relied upon and an outline of submissions addressing the test in the rule of Rice & Asplund"

    I wondered how does one go about writing "addressing the test in the rule of Rice & Asplund"

    Do I need to refer to:


    1.3. The merits of the application (My situation changing such as accommodation, living arrangements?)
    2.1. Shared care (Write my wishes for visitation - such as weekends etc?)


    If I am to include anything else, should there be a separate affidavit, or am I able to include this as a whole in the one submission?
     
  2. AllForHer

    AllForHer Well-Known Member

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    The case is Rice & Asplund, and the principles are that final orders should not be changed unless there has been a significant change in circumstances such that the final orders no longer meet the best interests of the children.

    A significant change is usually things like one parent moving further away or closer to the child. It's not usually a matter of "I have an extra bedroom in my new rental".

    My first point of question is the fact that you have no unsupervised or overnight time with the children. Those are quite uncommon orders for a court to make, so think about why the trial judge made those orders. Was it because of your living situation, or was it something more substantial, like a failure to recognise the children's need to have a relationship with both parents? What have you done to remedy the judge's concerns, such that unsupervised overnight time is now in the children's best interests? Have you established a workable parenting relationship with the other parent so shared care is possible?

    Frame this as applying to the principles of Rice & Asplund as given above.
     
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  3. Mummamiaz

    Mummamiaz Active Member

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    Thank you for reply.

    In regards to why the order was made like it was, this was due to many factors. Some of which were untrue and can't be explained on here due to the nature of them. However the distance between us is a big issue. The other factor is whilst I'm trying to make co-parenting work he refuses to acknowledge anything regardless of the best interests of child.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Of course, and I also understand you are bound by section 121 of the Family Law Act 1975 in any case.

    If I may ask, is the subpoena that you were seeking earlier this year sought in relation to your Rice & Asplund case?
     
  5. Mummamiaz

    Mummamiaz Active Member

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    I sought the subpoena already. Thank you.
     

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