Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
When we took my stepdaughter out of day care, we reimbursed the mother for the cost of the days missed (with the rebate applied). Otherwise, we just paid child support.
 

Migz

Well-Known Member
20 November 2016
325
43
719
@AllForHer thank your for your indepth response I've now printed it out and are making changing to my parenting plan as we speak.

@sammy01 great recommendations once again. Yes if we can leave the visiting times till later in mediation as I know that will be a sticking point so I would like to nut out the other 90% and have them ready for court orders

@MartyK she pays the daycare center, as it's was her choice as to which daycare and on which days, please note that the baby is in daycare 4 out of 7 days (she works 3 days, 4th day for her personal day she says), so going by her rule, that would allow me only 3 days. I need to get this quashed.

I do see your point though MartyK, and I'm pretty sure after all the subsidies she is out of pocket $18 per day. And yes I do pay Child Support and I even paid it 1 year in advance, so I didn't have to hear from them for at least 12 months.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Oh, and final comment - do not sign as consent orders until you have had them checked by a third party for errors or until you are completely happy with them.

The first offer my husband received had an error that meant mum had all holidays in odd years and dad had all holidays in even years. Nobody would have noticed had I not said something.

Once they have the Court seal, they are nearly impossible to change.
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
re the child care, I would assume that the mother is insistent on the child attending because she has to pay regardless of whether the child attends or not.

The child would be booked in and therefore, must be paid for even if the child is sick, goes on holidays etc. It might not be possible for the days to be changed without going on a waitlist or similar.

Sorry, I see this has been covered above.
 
  • Like
Reactions: MartyK

MartyK

Well-Known Member
4 June 2016
419
61
794
Can I just confirm with you Migz.

The Interim hearing on 27th February, does this precede mediation? If so and orders are made by the Court (consent or court determined) in terms of 'spends with' time arrangements then these orders will be what apply.

If further agreements are then reached in mediation, given it is early days and the matter will likely be still in Court (?), these agreements would not automatically override the interim court orders, unless they could for example be made into consent orders.

As an aside, to save any confusion, I made no reference to child support, just to an idea which could assist in your negotiations with the mother on those child care days, but in any event, it is good to hear you are on to it. Good luck with it all.
 

Migz

Well-Known Member
20 November 2016
325
43
719
@SamanthaJay, thanks for your comment. Yes I have spoken to the director of daycare about the timing and how much time they require in advance for things like holidays with parents and was advised that they require 2 weeks notice. The Ex has told me on numerous occasions that its not about the money, but, I cannot have my daughter on daycare days as its too stressful for her to be in to many environments in one day. I have searched the internet and chatted to parents and have come up with no evidence to this effect.

@MartyK, mediation is today, and the 2nd court case is 27th feb, set for interim hearing. (1st court case was passport related only), I have instigated this mediation back on the 23rd Dec, only to finally get to mediation now, as after being in the court room on the 5th Dec, the cases that I did see the Judge just sent most parties back to mediation, so I thought I would jump the gun and not waste and appearance in court only to be told to go back to mediation.

So yes today is to try and nut out a parenting plan and some consent orders (if she turns up and she emailed me once and said that she "might" not attend, once again I just put it down to baiting and powertripping on her behalf)
 

SamanthaJay

Well-Known Member
4 July 2016
335
55
794
I agree with you re the daycare and you caring for your daughter. In fact, I would have thought it was in your daughter's best interest to be with a parent rather than at daycare.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
The Ex has told me on numerous occasions that its not about the money, but, I cannot have my daughter on daycare days as its too stressful for her to be in to many environments in one day. I have searched the internet and chatted to parents and have come up with no evidence to this effect.

That's because no such evidence exists. To the contrary, I've been advised to expose my infant daughter to a rich variety of environments because it expands her exposure to learning opportunities. I wonder, does mum avoid shopping on day care days? Does she avoid visiting friends or family on day care days? Or is it just when dad's house enters the fray that there are suddenly too many environments in one day?

In any case, the Court won't agree with mum's argument about that...
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Complete waste of time? Good, go argue with someone sensible... I know that person, their name? Your Honour.
 
  • Like
Reactions: Migz

Migz

Well-Known Member
20 November 2016
325
43
719
Thank you all for your comments. I wish I had better news but Sammy01 you must of been a fly on the wall in mediation today. What a complete waste of time, I may as well have gone to work. And yes my last resort is Your Honour.

I'm trully gutted at what a complete bulls**t system this is every step of the way. I even had it out with the mediator at one point saying "let's turn the tables and I do to my Ex what she is doing to me by alienating her from her own daughter, is that in my child's best interest? Is that co-parenting? No, it bloody well isn't. "

Then get this, the Ex drops a bomb at 3.30pm during our mediation session and says to the mediator I have to go soon as my daughter (our daughter) has a doctor's appointment at 4.30pm and I have to pick her up from daycare first. I said, "when did you make the appointment?"

She goes, "11am this morning."

I said, "And when were you going to advise me so I could attend?"

She goes, "I don't have to tell you if I think it's just something small like an ear infection"...

I sat there in complete shock...the mediator was more amazed that she got an appointment on the same day that she rang up for one...to which I said to the mediator, "is that all you can say? How about "why you didn't you contact XXXX father after contacting the doctor?" Or "why don't you invite the father as both parents listening to the doctor would be better than one?"....

I am getting royally screwed at the moment. Rant over.