VIC Non-resident Parent Moving - Significant Change in Parenting Orders?

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Bstef99

Well-Known Member
4 February 2018
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Final parenting orders were handed down by a family court judge last year. 9/5 fortnight, half holidays and other special days. What would happen if the non-resident parent moved 90mins beyond their current residential address, further away from children's school, making it a 2-hour trip from home to school (4-hour round trip)?

Would that meet reasonable/significant change for Rice vs Asplund threshold for non-resident parent to initiate new proceedings to propose increase in spend-with-time to 50/50 weekabout care? Would the courts allow that so soon after final hearing?

Children are lower primary school age. There are no clauses in Orders to prevent either parent moving beyond x kms from kids' school. Just a clause to inform each other prior to any interstate and o/s travel.

Thanks for reading and for any responses.
 

Rod

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Where does the current changeover take place?
 

Bstef99

Well-Known Member
4 February 2018
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Current changeovers occur at school, otherwise a midway point between both residences. I'm closer to kids' school so non-resident parent is currently doing more driving to do school drop-offs/pick ups (30-40mins). Would that make a difference if it were the non-resident parent that chooses to move further out?
 

thatbloke

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5 February 2018
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As the non resident parent with kids stable in school, you can say bye bye to your 5 nights if you try this and go back to court soon after orders are made.

Also... your new proposed orders are fatally flawed for the following simple reason:

You are supposedly going to get over Rice Asplund line (which you won't) by saying the move has made it more difficult for the kids to travel then actually ask for 50-50 which, in effect you increases the number of school round trips you are claiming are so long as it crosses the RIce Asplund line.

It's quite nonsensical to be honest.
 

Bstef99

Well-Known Member
4 February 2018
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OK, I see what you're saying. Would that be the same even if the other parent moved further out but was willing to facilitate the extra driving for school drop-offs/pick-ups and other changeovers?

I wasn't thinking the other parent would claim tyranny of distance, more so that the kids are doing well currently and 2 extra nights would only strengthen their r'ship? Sorry.

Maybe I'm not understanding how the Rice vs Asplund rule works? Under what kind of circumstances would time be increased to 50/50 weekabout?
 

thatbloke

Well-Known Member
5 February 2018
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Under what kind of circumstances would time be increased to 50/50 weekabout?

1: RIce asplund is nothing to do with increasing time.

2: No "rule" increases time.

3: You have zero chance of 50/50 after orders were only made last year unless its agreed by both you and the other parent and you both just do it.

4: A significant change is not defined but what IS NOT a significant change , in instances, are. and moving house is one of those that are well covered, especially only 2 hrs away.

It really is that simple.
 

sammy01

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27 September 2015
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Nope. Not even close... In fact, possibly the opposite. How do kids attend school with 90 min travel?

When might Rice and Asplund work? What say non-residential parent lived 9 hours away and had the kids just during holidays.... Then that person moved so they are now only 10 min away... That would work.
 
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Rod

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What do you want to happen if the 5 day/week parent moves further away?
 

sammy01

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27 September 2015
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Dear magistrate, you gave me 5 nights a fortnight... But now I want to move 90 minutes away, so the kids will have to sit in a car for 3 hours a day to get to school... So because of this change I want the kids more so they can spend more time in the car...

Ain't gonna happen - how is that best interests of the child?
 

Bstef99

Well-Known Member
4 February 2018
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OK, so I can simply flatly refuse a move and leave it to the other parent to take it up with the court if they want? I gather I can't legally prevent a move though? Or can I?

It's not like it's interstate after all and would impact on the time kids spend with me. Hopefully the OP wouldn't be silly enough to move and think they continue to make a 5-night fortnight work? Or could the OP request a change in primary school - or later on high school - to be at a midpoint suburb? Kids change schools all the time - would the courts think that's a big deal?

Thanks so much for the responses. After finally getting Orders, it concerns me that they could easily be changed!