Application in a Case VS Contravention

[Laquisha]

I have a 12 year old with my ex. See the child once a month on the last weekend of the month. Parenting Orders state I'm allowed to call the child every Tuesday and Saturday between 17:00 and 17:15 on ex's phone and ex have to facilitate the call.

18 months ago ex bought child a phone - but this phone is "not working" more than what it is working. When the child and I do get to talk to each other the child has to put phone on speaker and within 2-3 minutes ex orders child to terminate call. I have full details of all calls available.

Now the child's phone is "permanently broken and it will take weeks to replace the phone". So I asked (like I have done multiple times before) what other number can I call the child on? Ex now said I can call every Tuesday at 17:30 for 5 minutes. No call on Saturday.

Child and I are sick and tired of this bull.

We are currently in Family Court and child is due to see a family report writer to express his thoughts to the Judge through the family report writer. We are due in Court next during November.

I expect ex is limiting phone contact as part of her plan to alienate child and I. We both know what the child wants (and have been asking for for 12 years) and it is NOT to live with my ex. She is controlling and manipulating.

Now I can leave this no contact until November but this is just ridiculous not being able to talk to our child, and also for my ex to change the Parenting Orders like she wants to.

I am considering filing an Application in a Case rather than Contravention proceedings.

I am not to sure as to what to ask for in my Application other than that my ex at least follow the Parenting Orders until we're back in Court where the child's wishes will be addressed.

Anybody that can please give me some useful advice?

Cheers L

 

[Rod]

I'd be calling the ex's phone at the court ordered times as per the court orders, writing down events as they occurred, wait for two weeks, then commence contravention proceedings. If you do nothing the court may see it as you not caring about contact and therefore hurt your hearing in November.

 

[Laquisha]

Yes been doing just that - call the child's phone then the ex's phone every Tuesday and Saturday. Even have it in writing from ex that she will NOT answer her phone if I call on it. Yes I can hide behind "Private Number" but as soon as she hears my voice the phone goes dead.

Have my phone records that show time of call and duration of call.

 

[Laquisha]

and agree with your statement if I do nothing........ But Contravention or Application in a Case?

 

[Rod]

Contravention, because you have existing orders that are not being followed by your ex.

Use an application in a case where you want to vary existing orders because of some new event that has occured that affects the current orders (eg re-marriage and moving interstate)