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QLD Breach of Family Court Orders - Best Course of Action?

Discussion in 'Family Law Forum' started by prosurfer, 25 August 2015.

  1. prosurfer

    prosurfer Active Member

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    The Mother of my child has just informed me that she does not intend to let me see my child on Friday as per the family court orders made only a few weeks ago. She claims visits make the child who is 2, tired. She has also informed me the child is unwell. She is required under the orders to inform me of significant health issues, but the only problem I have been made aware of is that the child has eczema which not a significant medical condition or reason not to see me. I consider this a response to her failed attempt to obtain more money from me through child support and follows several days of harassing emails requesting money.

    Following 2 years of legal costs and losing my job due to 5 child support investigations into the mother's false claims of a higher income; I am unable to afford a lawyer again to deal with this matter. What is the best way to handle it under Family Law? I was thinking of going to the police station with a copy of the orders if they do not arrive on time on Friday?

    Is there any way to stop the mother constantly hounding me for money? I have had 5 child support investigations and a subpoena for the court, all of which have confirmed my income. Since final orders were made and the latest child support assessment finalised I have had constant emails and messages asking me for money. I consider this harassment.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Does the mother have a lawyer?
     
  3. prosurfer

    prosurfer Active Member

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    The mother had a lawyer throughout the legal proceedings but I am not sure if she still has a lawyer.
     
  4. AllForHer

    AllForHer Well-Known Member

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    It might be a good idea to send her solicitor a polite e-mail explaining that she has indicated an intention to withhold the child, placing her in contravention of the orders. Indicate the reason provided by the mother, request that they clarify with their client her obligations under the orders and note that if the child's time with you is withheld, you will be forced to pursue a contravention order.

    That's what I would do, even if the mother hasn't engaged them any further. They should inform you if this is the case, and then you can look at other options.

    Remember, parenting orders are only as good as your willingness to ensure they are being followed by both parties. There's no point in even having orders if you're not going to hold the other party responsible for a contravention. With that said, the mother won't be considered to have contravened until she actually follows through on her intended action, which is why you might consider contacting the solicitor as they have a duty to their client to ensure their client receives accurate legal advice.
     
  5. prosurfer

    prosurfer Active Member

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    Thank you very much. Is there anything I can do about the harassment about money/ child support assessments?
     
  6. AllForHer

    AllForHer Well-Known Member

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    Are there orders about how you and the mother communicate, such as via text message or e-mail? If not, you may wish to change communication methods from text messages to a communication book that moves with the child between the two households. Text messages can facilitate highly emotive responses sent in the heat of the moment, while a communication book allows the parents a longer response time to get past emotions and trivial complaints to focus on what's important.

    It's not a good idea to simply cut the mother off given the need to communicate about the kids, and if there are no further proceedings in relation to child support, you may otherwise simply have to learn to ignore and not respond to any communications that are not directly regarding the child's care, welfare or development.
     

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