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Following final orders of consent for custody (50/50) and schooling, my estranged wife agreed to all…
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  •  · Thanks Elisabeth (and everyone else). The Stat Dec is a declaration of fact. I agree which is why th…
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This is a highly technical question but basically issues of jurisdiction affect standing for a matter to be even heard by the Court. If an applicant does not have standing then the Court will not hear the matter. In Family Law parenting matter the Court must consider the habitual residence, welfare of the child and any orders of any Court. The matter may be better dealt with in a different jurisdiction. Also whether any orders made would have any real effect, especially if sought to be enforced in another jurisdiction. Clearly the judge is considering written submissions of both Counsel. This is basically a question of law. ~ Cameron McKenzie

Ann Kathleen

Everytime I think of family courts it makes my skin crawl ,if you can sort stuff between yourself and mediation do it ,

Liz Tatterson

36/64 sounds suss - like it's an optimal amount of nights to bump up/balance child support. Is she likely to have motives in this regard?

Kate Wilson

This has a brief summary of the factors a court will consider when determining if proposed orders are in the child's best interest (s 60CC Family Law Act). I expect there would be a myriad of case law where shared care was sought, jump on Austlii and have a look.
Also, can I ask how she arrived at 36/64? It seems very specific!

Maria Pluto

If you don't have orders Rice Vs Asplund does not apply. The sibling relationship will be a consideration for a Family Reporter if the case goes to court. In court there is no "we" just the father and mother - the other party/partner is seen as irrelevant in most cases by a family reporter and they are seen as impacting on the relationship with the father and child as negative/irrelevant!

Ace Betterman

Rice Vs Asplund. She needs to prove a significant change. The relocation of the father and a school isn't a significant change that affects one party over another. To me it's business as usual and the new court system will like rule that way unless something else is missing in the post.

Michael Goodman

Stay with 50/50. If the child is tired then tackle that. Very young still.
Unlikely that a court will change working status quo
None of the points are persuasive.
I recommend that you mediate and adopt a wait and see approach and review after 3 months at the new school next year

Aysha Susan Siebelink

Why go from 50/50 to something else my daughter 5 and we do 50/50 yes she tired but she will get use to it how is it fear that a mother can do this the child need both parents. My daughter has adhd and few other things it hard for her to understand but I won’t change it think of the child my daughter has different rotation and go school tired as we do change over Monday seriously the father is doing what best bye moving closer to her. School why can’t the mother see that no parent has the right to think it I was stupid in the past i messed up big time since 50/50 i am glad I accept it as I see it best for my daughter and my self my daughter has a half brother here who 1 I won’t take the 50/50 away because of that no way

Amanda Beer

She needs to prove a significant change to try and change and as I see it she hasn’t, point 1 may back fire on her if she upsets judge, but at end of day kids struggle as do parents with bed routines, as to point 2 as we found out children from other relationships do not have a sway on it! Relationship between parents and child are what is in best interest of the child.
It will also look good for the father that he is moving so that the orders can remain the same as that’s what child is use to and is in child’s best interest. Goodluck

Rach Louise

50/50 final orders or an out of court arrangement. Without knowing hard to give accurate advice.

Lauren O'Rourke

Absolutely not. I have children to my new husband aswell as my ex husband and that has no bearing on how much time my ex has with the children. My ex has our son 70% of the time whilst our daughter is a little more intermittent due to her age and mental health issues...she opts to go for a sleepover at Dads when she is feeling up to it. My ex husband does not have other children but that doesn't entitle me to more time with our kids than him. All the children have a good relationship even if they are not together all the time. I doubt she will be able to reduce Dads time for the reasons given

Alex Xela

Not a lawyer but basically based on the information you have given she will unlikely change the 50//50 arrangements legally.
Both of her reasons are irrelevant for a change.
What may change the arrangement is if the coparenting becomes hostile, but let's say she becomes hostile, they may award you 68% and her 32%.
Basically your best approach is to highlight this arrangement has been in place 18 months, that dad has relocated to continue arrangement, that it's in the best interest of the child for them to have a meaningful relationship with both parents.
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