NSW Interpretation of final order

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AllForHer

Well-Known Member
23 July 2014
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Look, I would apply for a variation to the orders on grounds they're not in the best interests of the kid since mum isn't under any obligation to facilitate dad's time with the child.

Overcoming Rice & Asplund threshold is the tricky part. You could maybe argue the lack of access for the past X months justifies changing the orders, but best get legal advice.
 

sammy01

Well-Known Member
27 September 2015
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Or argue that mum is contraveNing the orders because the orders say spend tIME with dad both during the week and weekends. Clearly the intention is dad does see the kid weekly. But start paying child support. And start rethinking your strategy to learn what has got him in this situation.... lifting the kids from school is dumb.just because you think you can do something does not mean you should do it..... lift the kid from school without Mum's aggreement and it could be the last time he ever sees his kids. .. is it really worth it...
 

sammy01

Well-Known Member
27 September 2015
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So what is mum asking him to do? Why not do it? Look it sucks but another go at court might not be a great ideal. ... if she puts up hurdles and they are unreasonable but he does them anyways that will look good in court.
 

Lostincourt

Active Member
9 November 2017
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Pass some threshold? We don't have lot of money as not working ,and between houses and spoke to legal aid and not sure if they will help , but we get a % of Centrelink when kid stays so won't settle for less than child live with us full time , and sole responsibility, the guy above said that's not right , but we think it's our right ,we have told the mother this, and that we going to court , hopefully new judge and she thinks she can force drug tests and stuff just because of a report made to department of services , when kid was with us. And because of missed visits because father was concentrating on time with me she now says he has to show commitment and come every week,and because I have a history with department she wants to know why my child was removed . So now she wants a clear drug test and until then some centre she also won't meet us to talk and says we threaten her , it's all the same stuff as she brought up in court , that's why ,Lawyer and judge were against him
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Sorry, you want the kid full time so you can get money? Am I reading that right?

Mate, you're not going to get the child full time. Just the part about 'focusing on time with me' and 'I had my child removed' tells me he's not going to get the child full time.

Rethink your strategy and consider what's coming out of your mouth. It sounds like the lawyers and judges had good reason for being against him, really.