WA Emergency Hearing - Will Child Support Issue Influence Judge's Decision?

[Daffy duck]

Myself and my ex have family court orders in relation to our children. I am happy with this arrangement but sometimes she changes the times to suit herself. Usually I let it go, as I don't want the boys upset. But this time she has gone too far.

Our arrangement for holidays on the court order is for each parent to give a month's notice on taking the boys away. She recently took the boys to Bali. All OK with me. I recently gave her notice (2 months in advance) of taking the boys away late September and she has refused me permission, stating for 'various reasons' the boys will not be allowed.

I have my boys Mon/Wed/Friday/Sat and Sunday one week and Mon and Wed the following week. No problems. We do have an issue that is going through Child Support at the moment. I have applied for an emergency hearing as all the flights and hotels are paid for and I do not know why she is doing this. Will the issue with Child Support reflect on the Judge's decision?

 

[King Neptune]

To answer your question about child support influencing the courts decision: unlikely. Child support is assessed/administered by the agency, not the courts. If you were deliberately avoiding paying what had been assessed by the agency it might count as a black mark against you personally, but doubt it would be the deciding factor.

It sounds like you have orders in place already? What are the 'various reasons' your ex is stating to deny you going?

 

[Daffy duck]

To answer your question about child support influencing the courts decision: unlikely. Child support is assessed/administered by the agency, not the courts. If you were deliberately avoiding paying what had been assessed by the agency it might count as a black mark against you personally, but doubt it would be the deciding factor.

It sounds like you have orders in place already? What are the 'various reasons' your ex is stating to deny you going?

Yeah we have orders in place already. She won't say what the 'various reasons' are.

 

[AllForHer]

Is this just game playing? What do your orders say about holiday time?

We had interim orders that basically said dad (my husband) could spend a week of holiday time with the child four times a year provided mum was given a month of notice. Sounds simple, but it wasn't. Mum would always come up with a reason not to facilitate - 'Court orders say seven days, not seven nights', 'Court orders say every three months, the time between the two periods you've given notice for is 2 months and 29 days', 'Court orders say the parents agree for the child's holiday time with you, I don't agree to 7:00pm pick up, I only agree to a 3:00am pick-up'. I was actually even a little impressed by how convoluted her interpretation of orders could be when it suited her.

But the judge wasn't. He dressed her down after the police were called a second time at the start of a holiday period, and he was less than cheerful about the fact that we had to file an application in a case every time we wanted to go on holidays.

Anyway, point is, the Courts are not strangers to game-playing, and they usually deal with it fairly. Hopefully that's the case for you.

And no, child support will have no bearing on the judge's decision about holiday time.

 

[Corinne]

Tell her you've cancelled your holiday plans, pick your kids up for your normal holiday time then proceed to take your holiday as planned. What's she going to do? You gave her notice. I doubt your court order says, "Gain mother's permission before all holiday time?" If all the orders say are 'give notice' then that's precisely what you've done.

If she files a contravention, she can explain to the court what these 'various reasons' were and she'll look like a dickhead.

 

[Daffy duck]

Wished it was that easy as we are going to Bali and she has their passports!

 

[sammy01]

My thoughts...Sorry to say it... BUT 1. Book a holiday to Noosa, Tasmania somewhere inside Australia...

2. I am not a nice guy.... Nope not even close. Call Passports, tell them that the kids passports have been lost.... GO on dare ya... when she next tells you that she is going to take the kids overseas, you can tell her NOPE... When she asks why you can say various reasons...

Seriously mate. I've been there... Worst holiday of my life was to Fiji.... ON MY OWN....