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NSW Sufficient Evidence to Change Family Court Orders?

Discussion in 'Family Law Forum' started by john boy, 11 October 2016.

  1. john boy

    john boy Well-Known Member

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    Could someone please explain what is sufficient to justify a change of circumstance in regards to changing family court orders?

    As I am a Father to 7-year-old twins who I see for half each school holidays and half summer holidays these orders were made nearly 4 yrs ago where upon I was getting 120 days compared to 42 now.

    This was reduced due to costs in flights the mother could not maintain as she took the children interstate. My children ask why they don't get more time with me and I need to justify there is sufficient evidence to change these orders .
     
  2. sammy01

    sammy01 Well-Known Member

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    you would need to move into the same neighbourhoood or vicinity of the kids.
     
  3. john boy

    john boy Well-Known Member

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    What would that guarantee me as she could move again, as she is already obstructing me maintaining regular contact and breaching these current orders?
     
  4. AllForHer

    AllForHer Well-Known Member

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    So, what are the current orders that you have? 120 days or 42 days?

    And what orders do you want?
     
  5. john boy

    john boy Well-Known Member

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    I had 120 days initially and now get 42 days (1 week each School term and 3 weeks in Summer holidays), then the Mother applied to vary after a year and had it dismissed due to costs of flights she had to pay each month. Then applied again stating the children were not adjusting to the commuting and a bias family report in her favour had my time reduced when they were 4 and after only 2.5 years.

    I am hoping for a extra week in the first and third holidays of 2 weeks instead of one and for me to fly to the Gold coast once a month for a weekend. As well as Skype or face time 3 times a week, instead of phone calls twice a week the Mother hangs up on.
     
  6. AllForHer

    AllForHer Well-Known Member

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    So, the orders are for 42 days, right?

    What circumstances have changed since those orders were made? Just the children asking for more time with you?
     
  7. john boy

    john boy Well-Known Member

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    Her breaches, them getting older and now at school, complaining...it's a long time and their attachment...My family...Mum just passed away and my Dad is 83 and close to them.

    A Lawyer told me them alone starting School and her alienating me to them constantly as well as her breaches ongoing is enough
     
  8. sammy01

    sammy01 Well-Known Member

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    So if there was a family report that was 'biased' you need to ask why? Those people are not idiots and they are not sexist. Why was the report 'biased'?

    I think you're wasting your time for the sake of what 2 more weeks a year. Same with Skype - if she hangs up the phone, she will also turn off the computer. So pick your battles. I don't see there being much here you're gonna win.

    Applying for an incremental increase in time if you moved closer to the kids would work. Now you move closer to the kids and she moves, then I'd suggest you seek relocation. It would appear to be an easy case to win especially if she moved shortly after you arrived because it would look like she is running away from you to keep the kids away...
     
  9. AllForHer

    AllForHer Well-Known Member

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    In my view, none of those circumstances are compelling enough to persuade the Court the children's best interests are no longer being met by the existing orders.

    First, the children's views still won't be given a lot of weight because they're still not really old enough for those views to be informed. When kids of that age say they want to spend more time with the other parent, they usually mean an extra two or three nights a fortnight. They don't often mean an extra two weeks for the whole year.

    Second, being at school really makes no difference to the primary issue that guided this case in the first place, that being the tyranny of distance. It's not like you can be involved in their education on a daily basis by doing the school run every day and helping with homework, so it's really got no impact on the care arrangements as they currently stand.

    Third, an extra two weeks a year is not going to have much of an impact on the kids' relationship with their extended family.

    A significant change in circumstances that meets the Rice & Asplund threshold is something that is substantially different now to what it was when the orders were first made. Your argument seems to be mainly that a few years have passed, but it would be a shambles for the Court, the parents and the kids if the Court allowed parents to relitigate their kids' care arrangements every couple of years for no reason other than the passage of time.

    I would say that getting more time with the kids, as they are asking for, is going to require you to move closer to them.
     
  10. john boy

    john boy Well-Known Member

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    Can I ask what your level of experience is as I have heard from a lawyer with 30 years experience who has informed me otherwise?

    Their Mother persists in breaching these orders and is adamant to obstruct my contact either by phone or time spent with them. He stated in these 2 circumstances alone meets the threshold and after the breach was found last year.

    A different Magistrate increased my summer holidays to one block of 3 week which originally was only to happen after the twins turned 9.
     

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