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NSW Breach of Family Court Orders - How to Stop This?

Discussion in 'Family Law Forum' started by Sam789, 9 July 2015.

  1. Sam789

    Sam789 Member

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    I have just found out that my ex has enrolled our children in a school 1hr away from me. We have the children with equal shared time between us ( custody of children). We are currently in school holidays, but my son has told me that he was told he will be starting the new term there.

    Our family court orders state that they are to stay in the school that they are currently enrolled in unless agreed to by both parties in writing. I have not agreed or been advised by my ex that they are changing schools.

    What options do I have to stop this?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Sam789,

    One option is to apply to the court for a contravention hearing. At the same time, you can ask the court to order your children remain in their current school until you and your ex agree on another appropriate school to enrol them in.

    A person contravenes a court order if:
    • They intentionally fail to comply with the order;
    • Make no reasonable attempts to comply with the order;
    • Intentionally prevents another from comply with the order; or
    • Assists in the contravention of the order; and
    There is no reasonable excuse for them to do so. You will need to persuade the court that this is the case if you make an application.
     
  3. AllForHer

    AllForHer Well-Known Member

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    Have you spoken to your ex to confirm if the child has been enrolled in the other school?
     
  4. Sam789

    Sam789 Member

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    Yes. I have tried speaking to her and have a reply text confirming they are.
     
  5. AllForHer

    AllForHer Well-Known Member

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    Then I agree with the above. It may be necessary to apply for an urgent interim order to minimise disruptions to the child's routine and education.
     

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