WA Family Law - How Much Travel is Too Much for Kids?

[Lennon]

I have offered many compromises, not because I can't cope with court (I'm a lawyer, I'm fine) but because I don't think she will cope with it and I worry for my kids (she has had depression for a long time). I also hate to see both of us wasting money on legal fees.

I have asked for an order that I can spend up to 7 days with them in their town every term provided I give her notice and they don't miss school. Realistically I will probably only get over there once a year, but that will still allow me to arrange for them to see their grandparents and cousins.

She has literally not given any reason why they should only see me twice a year, other than they are getting older and want to have sleepovers with their friends (ridiculous - they see their friends every day at school and any weekend that she wants to arrange it).

The fact of the matter is she is terrified that she will lose some of the $28k per year that I pay in child support if the kids spend more time with me so will never agree to them seeing me 4 times a year. Heaven forbid she might actually have to get a job.

Final hearing is already listed, it's in a couple of months. I have literally nothing to lose.

 

[sammy01]

yup I kinda thought it might be something to do with keeping you below 15% care for the purposes of child support...

 

[Lennon]

yup I kinda thought it might be something to do with keeping you below 15% care for the purposes of child support...

Yes, although she can't come out and say that so she offers a feeble "... but, they might want more sleepovers with their friends...." instead.

 

[AllForHer]

Look, as you said, you have nothing to lose.

Since the 2006 amendments to the FLA, nobody has ever succeeded in arguing that the other parent doesn't genuinely want to spend time with the kids. You're a lawyer, you know judges aren't stupid. A parent wading through hell and high water with Courts and mediation and expensive representation just to spend a little bit of time with their kids hardly fits the bill for someone who 'doesn't want to see their kids', correct?

Likewise, the argument that kids maybe might want to spend time with friends has never succeeded in minimising a child's time with a parent.

You're not asking much. Frankly, you could probably ask for more and get it, but holidays, at least half of each or all short and two weeks over Christmas is reasonable.

You can't say it and neither can she, but you're probably right that this is about child support. You have to wonder if what she stands to lose in child support from a change in care arrangements comes anywhere close to what she's currently losing through legal fees...