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2. Family law matters

2.18. Substantial issue

2.18 Substantial issue

Unless the applicant is experiencing or at risk of domestic or family violence, the following examples would not generally be considered to be a substantial issue in dispute:

  • Where there is no active dispute, for example, where the other party is not seeking to spend time with the child.
  • Where the dispute concerns minor issues such as children’s clothing, routine or activities.
  • Disputes about minor increments of time, for example, an increase/decrease in nights per fortnight or an earlier/later drop-off time.
  • Disputes about the changeover location and associated travel costs
  • Disputes about the choice of child’s school.
  • Method by which the parties are to communicate with each other or the child.
  • Change of the child’s name.
  • Obtaining orders to enable holiday travel arrangements.

Note: If there is a risk of harm to the child or children, this will be taken into account when determining whether there is a substantial issue in dispute.