VIC New Initiating Application - What to Include in Affidavit?

[sammy01]

Yup, you missed the boat. When mum had to get permission to move... That is when you should have struck...

Dear ex,

'Course you can move, but only upon agreeing to a new set of consent orders that provide more time with dad, after all in moving closer that should not be a problem.

But you didn't do that did you? I think... Maybe at the time that was recommended to you by a few punters here...

So - mum has bought a property 84km away... Doesn't have permision, doesn't have a court order? She doesn't need either. Why?

Well, permission had been granted... Look any move is only going to matter if it reduces dad's capacity to see the kid. Sure it is poor form for the kid to go to different schools. But happens all the time.. It doesn't meet the criteria of child abuse, so your welfare concern argument in debunked.

So I'm giving you basically the same opinion as someone else here.. You called them an idiot?

So the new location is more convenient? And the child is a little bit older... Great - starting to have reasons to meet Rice and Asplund - change in circumstances. Happy days.

Now send dad to the new school when the kid starts - get invoved in the P&C. Get the kid into football and get dad to coach the team... Do stuff to make the case that dad is active and as such more time should be ordered... The ex seems like a loose cannon. How many houses has she lived in over the past few years??? So do everything you can to make a good case for 5 a fortnight... Before mum up and moves again.

So mum is offering an extra night... Great - play smart... Take the additional night. Be nice, play nice smile, don't even tell CSA (assuming he pays child support?) you don't want mum changing her mind after one extra over night because her child support is reduced... So after 6 months of having the additional night, ask for more... Never know your luck. but if mum says nope then you have history of extra time...

If you want to win a few battles realise they are best won outside court...

Then get back here when you're done and apologise for calling someone an idiot, when the opinion they've given is correct.

 

[Nonfiction]

Well, actually Sammy01 there may well be a welfare concern. Habitually uplifting children from schools/their friendships and transferring them, in this case over short periods, can indeed pose issues with a child’s wellbeing. Further information as to the child’s ability to adjust, resettle, anxiety levels, academic progress, et al., would be needed to give a definitive response.

 

[sammy01]

No - you are wrong. Not saying you're an idiot though... That would not be nice... But you are wrong...
I know, know... suxs. Happened to me once or twice... I got over it.

Welfare concerns???? ba humbug.
Having a kid picked up from Mcdonalds with the other parent having a syringe hanging out of their arm and the police being called by a concerned citizen that has seen the other parent passed out and off their chops, is a welfare concern.
What you're describing is bad parenting... Totally agree. Kids that move from school to school dont do so well acadamically.

For fun... Call Doc's. I do it a few times a week in my job.... 132111 is their number.... go on call them. You'll be on hold for an hour and they will not take you seriously.. Dont believe me. Do it... Then get back to us here and tell me why I'm wrong... DARE YA...

Just outa interest.. do you think there needs to be a police force employed to make sure kids dont go to too many schools? kinda seems like you do?

Just for fun... so you wanna go to court because mum has moved closer to you? and she wants to move even closer to you?
I cant believe I'm wasting my time... Next time someone posts here about their concerns about the ex moving further away from them... NOT closer to them - hence limiting their time with the kids... I'll show them your post... They will cry.

 

[Nonfiction]

Who said anything about Docs sammy?

Just out of interest, how much time do you spend assisting people with their Family Law cases (excluding giving opinions on forums), discussing active cases (again excluding opinions on forums) and/or providing/assisting litigants with arguments? I spend plenty of time.

 

[sammy01]

Who said anything about Doc's?
Not me...
Did you mention Doc's?
Nope didn't think so...

So nobody mentioned Doc's....
phew... I was starting to worry.

So nobody mentioned Doc's.. Good.
Exactly... If anyone wants to go to court claiming a child needs to spend less time with one parent and more time with the other and base that argument on welfare grounds.... Well having some rock solid third party documentation, Doc's, for example would be a good idea...
But nobody mentioned Doc's here right?

How much time do I spend assisting people? blah blah blah... NONE... But when I grow up I want to be almost as awesome as you...

Makes for an interesting argument though... Corinne, now I think about it. So the courts accept they dont have the right to force a person to live somewhere. They can direct that the parenting arrangements be changed IF one parent insists on moving... But the court are reluctant to compel someone to live in this place or that...

But with moving comes changing schools... shared parental responsibility... Long term decisions.. Best interest of the kids paramount... So how many moves? how many schools? before Corrinne's argument is gonna work? My thinking.. LOTS. But each case is it's own in family law? true. So a kid that goes to 7 schools in 4 years because the primary carer is in defence (for example) but the kid is always clean, fed, attends school and the moves don't impact on time with the other parent... NO PROBLEM...
Kid goes to 7 schools in 4 years because the primary carer's new partner is on the run from the law... Problem...

Non-fiction - based on the advice you've provided on this thread, can I strongly encourage you to stop giving advice to people here, or in the real world.

 

[thatbloke]

Sammy.... I can personally vouch for nonfiction as someone who spends countless hours helping people in very complex matters and gives up so much of their time for free to help self represented people so how about we all just get along ?

We all might have different opinions but we all have a lot of knowledge. I don't actually think the school thing would get anywhere as a welfare issue but it all depends on the judge

The reason I say this is because there are kids that move schools quite frequently such as kids with people who get stationed all over Australia in the army and navy and Airforce so it is not the norm but it is not unusual. If they are doing well at school and coping with the change I doubt anything would happen but if they are a problem child with poor marks it could be a different story

 

[Lennon]

My ex enrolled my kids' in 5 different schools in the space of 4 years, without consulting me once. They moved house about twice as many times as they moved school.

The Judge could not have cared less.

It's bad parenting not a welfare issue.

 

[Nonfiction]

@Lennon - I base my response on a recent case I was involved with (after the fact) where, to my surprise, the Judge did in fact care. The child was performing poorly at school and time was increased, albeit just a night, to the non-resident parent. Orders were also made preventing further school moves.

Of course, the Judge was less than pleased with the application, generally, given it was for schooling only.