Is weekend contact nullified when the non-custodial parent relocates within the same state?

[Scruff]

I don’t see a judge ordering the kids to travel five hours, each way to see you every second weekend. It’s not reasonable to expect the mother to spend ten hours travelling 2.5 hours there, 2.5 hours back (times 2!) during the school term. The kids will be exhausted.

You have chosen to move away. It’s been your choice. I agree with the mother, you need to come back to visit with the kids, a reasonable distance. Ten hours driving is ridiculous and deprives the kids of engaging in their regular weekend activities.

You made the decision, not the kids. Child support is irrelevant. Maybe you come & stay in an air B&B and not have the kids overnight. But 10 hours travel in a weekend during the school term is insane for the kids to have to do.

Read the question before replying please. Your first response in particular is based on totally incorrect information.

As for the kids being exhausted - they wouldn't be any more exhausted from a 5 hour drive than they would be from a 1 hour drive and 4 hours of watching TV. It's total nonsense.

As for courts - they will order that the kids spend time with both parents and what the OP has proposed (and mum rejected) is totally reasonable. There is no reason for a court to deny the OP's proposal.

 

[Shabbadabbadoo]

Old mate. How much do you earn? Sorry gonna be blunt but I'm going somewhere with this?
Have a read.
2.6.7 Reason 1 - high costs in enabling a parent to spend time with, or communicate with, a child | Child Support Guide

MAYBE you can claim the costs involved in travel and accommodation in Sydney against your child support... Now I'm not suggesting this yet... Go make a cuppa, this is gonna require some thinking... So what say you tell the ex you'll do every second weekend, accomodation and all that and while you're there send her the link... So if she wants to insist on this ONLY in sydney rule it is gonna cost her $$$... Make sure you read the bit about. You can even claim a meal allowance...
"How are the costs measured?"
You can even claim a meal allowance... I reckon armed with this reality SHE just might wanna play nice and accept doing a little bit of the drive, not half, nope, maybe 40 min each way once a month is a better option than her losing child support so you can stay in a hotel....
how is you're cuppa?

Thanks that's helpful advice. I checked the Child Support Agency document that you linked to. It indicated that I could claim travel costs (because I would likely still to be considered to have regular care due to school holiday contact) if the cost is more than 5% of my assessible income, which it definitely would if I was flying to Sydney and back once every 4 weeks.
I suspect that she would rather drive than forego child support.
Out of interest, do you know if the cost of the kids travelling up and back (flying) could be covered under a revised assessment?

But honestly, if push came to shove ..... I'd probably just drive down to Sydney one Saturday a month to see the kids. This crap just wears you down so much.

 

[sammy01]

ok so what I'm getting at is that there is wriggle room here if you're strategic.
Let her know that you'll do fortnights and travel if she insists, but that will keep you inside shared care and as a result CSA will reduce your payments. BUT there is a problem. If you read the link it gives an example driving from Sydney to Brisbane with an overnight in Port Macquaire is the example. The accommodation on Port Macquarie can be used but not the cost of the accommodation in Brisbane.

Short version is it probably wont work... BUT it might. BUT more importantly, it MIGHT make her rethink the options here. She MIGHT choose to agree to once a month with her doing some travel and you paying more child support because your % of care would go down because that you're seeing the kids less. That might be more preferable to her than you saying you'll be in Sydney fortnightly and her child support will go down because of the expenses.

BUT it is all bluff. You don't really wanna have to do the application through CSA. You wanna avoid them. I reckon because you chose to move away and because it is only a 5 hour round trip and the fact that it doesn't include the cost of accommodation in Sydney, the reality is all you can hit them up for is fuel and maybe 1 nights accommodation if you are returning the kids late on Sunday.... So you don't wanna have to do the csa application. But the threat of it might be enough to see her start to play nice.

 

[Shabbadabbadoo]

Do you think that submitting the special circumstances application to CSA (with the kids flying as unaccompanied minors five to six times per year) might help prompt negotiations? The cost of travel would be 4.5k out of 18k in child support across the year.

 

[sammy01]

you wanna avoid getting CSA involved. BUT you can show her the link and invite her to reconsider her position that you've gotta travel to Sydney and stay there. Look CSA are problematic, they get things wrong lots and u don't wanna go near all that...

 

[Shabbadabbadoo]

The reality of the situation is that I would be paying so much extra child support (because as a result of my ex partner refusing weekend contact, my care percentage would drop being considered 'regular care' to effectively zero care for the CSA's purposes which is what 50% of school holidays amounts to) and I wouldn't be able to afford to travel to Sydney to see the kids let alone stay in Sydney for the weekend even if my travel costs are reduced from my child support assessment. Which is why this approach is being pursued.
It sounds like you are suggesting to attempt to use this as leverage and submit an application for change of assessment due to special circumstances as a last resort?

Thanks again for your advice