QLD Rice V Asplund

[Complex3]

Hi,

I have orders that are 9 months old. Ex has asked for more time, citing proximity to school (lives closer than me). Orders were made at a time I lived at the same place I do now, ex has moved closer to school they were ordered to attend (school decided by judge). I haven’t disagreed but ex has said if I don’t they will “take it further.”

Does moving closer make a material change? I’d like all the facts so I know how to approach this.

 

[sammy01]

YES - no and MAYBE... DETAILS matter. Has ex moved 3km? or 3000km? So yep, ex can 'take it further' BUT I'm not prepared to even offer an opinion on the chance of success based on the info provided other than to say 3km is not a threshold for Rice and Asplund to apply... 3000km would be a substantial change in circumstances and could justify a re-evaluation under Rice and Asplund

 

[Complex3]

YES - no and MAYBE... DETAILS matter. Has ex moved 3km? or 3000km? So yep, ex can 'take it further' BUT I'm not prepared to even offer an opinion on the chance of success based on the info provided other than to say 3km is not a threshold for Rice and Asplund to apply... 3000km would be a substantial change in circumstances and could justify a re-evaluation under Rice and Asplund

Ex moved 35km closer to the school, 20km closer to me. They are now 10 minutes from school, I am and was always 1 hour away.

 

[Tim W]

She wants to vary the order without doing the application.
Consent to nothing.
Reply to threats to "take it further" with "Yeah, ok then".
Remind her that if there is a change in arrangements that you'll be applying for a re-assessment of Child Support.

 

[Complex3]

She wants to vary the order without doing the application.
Consent to nothing.
Reply to threats to "take it further" with "Yeah, ok then".
Remind her that if there is a change in arrangements that you'll be applying for a re-assessment of Child Support.

Thank you. I am the paying and custodial parent. When I was the receiving parent, ex quit their job and started a business in which they minimise their income. I have never received a cent and have always paid for all of their needs. At this point child support is a battle I’m not willing to have as long as they are taken care of.

We have family close by to their school and will occasionally stay with them which ex is citing as a reason to give them more care. Again, I am not opposed but also not interested in going back to court. I’ve have told ex I am happy to monitor the situation, but I would just like the threats of court to end as it was already years of battles with ex not accepting any compromise resulting in a trial that changed nothing overall.

 

[Tim W]

You said there are orders in place?
Explain to me why you think you can vary them by extra judicial mutual agreement?

 

[Complex3]

I don’t want to change the orders at all. Ex is asking me to provide them with extra time and said if I don’t agree they’ll take it back to court. I guess I wanted to know if it really is possible after 9 months for them to take me straight to the place we just spent years in!

 

[Tim W]

I don’t want to change the orders at all. Ex is asking me to provide them with extra time and said if I don’t agree they’ll take it back to court. I guess I wanted to know if it really is possible after 9 months for them to take me straight to the place we just spent years in!

Sure they can.
Doesn't mean that they will succeed though.

 

[Complex3]

Sure they can.
Doesn't mean that they will succeed though.

Thank you. From my understanding there is quite a high threshold for this? The judge was very pointed in his closing and asked that we try and work together, but every time I do my ex tries to open arguments. I’m tired and had to sell my house to afford legal representation, when that happened my ex called me unstable as I had to move. It’s been a difficult few years and the prospect of returning to court is daunting. My ex has an endless capability to argue.

 

[Atticus]

The purpose of the Rice & Asplund test is to protect children from being exposed to ongoing litigation merely because of a change in a parents circumstances since the making of the final order.
If that test is met, there is then the usual 'best interests of child' test

As you rightly point out, the threshold is therefore high & must include a demonstrable material change in circumstances.. I can't see how a 35KM change of residence in & of itself would even come close to meeting the threshold for a review of orders.