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QLD Breach of Family Court Orders - What to Do?

Discussion in 'Family Law Forum' started by algebra07, 10 June 2018.

  1. algebra07

    algebra07 Active Member

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    Judge handed down family court orders and one was that the parent was not to consume any alcohol prior to or in the presence of the children. It's the first weekend of them having the children after 8 weeks without due to drug abuse and the parent takes them to a pub, even tags himself at pub on social media for all to see and is drinking! Should I report the breach or email his lawyers?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Was the photo of Dad with beer bottle upturned to his mouth and surrounded by the kids?

    No?

    How can you prove he was drinking with the kids in his care?
     
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  3. sammy01

    sammy01 Well-Known Member

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    Yup - I reckon he is playing with you...

    Celebrating having time with the kids after 8 weeks. So he took them out to dinner... Your honour. Do nothing.

    Judge really handed down an order that he is not to drink in the presence of the kids?
     
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  4. MartyK

    MartyK Well-Known Member

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    Almost impossible to police, but not unheard of
     
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  5. algebra07

    algebra07 Active Member

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    Yes judge really handed down a no alcohol order due to the fact he can't stop at one or two, has a serious anger problem, drug addiction and more.

    The kids came home today and told me he drunk at least two beers while they watched sports at the pub. We have a family report coming up soon so I'm sure they can tell the reporter. Ex is an idiot who thinks can get away with murder due to having best lawyer money can buy courtesy of millionaire parents.

    I self-represented and still got very strict orders in my favour. Point is he has breached them on the first visit. Kid haven't been safe in his care for a very long time due to drug and alcohol abuse. He keeps saying he has it under control now. Clearly not if he couldn't refrain from drinking for the 24 hours they were in his care.
     
  6. AllForHer

    AllForHer Well-Known Member

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    Kids don’t make reliable witnesses in Court, so again, I still can’t see that you’ll be able to prove he was actually drinking while the kids were in his care.

    It sounds like proceedings are still on foot, so you have interim orders in your favour, correct?

    Does Dad have to subject himself to drug testing of any description?
     
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  7. algebra07

    algebra07 Active Member

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    Yes he has to do drug testing as well his drug of choice is out of system quickly, so has passed a couple but failed to return one within the timeframe as well. Next one is a hair follicle but in three months. We had consent orders I requested new interim orders and got most of them added in we don’t return to court until October.
     
  8. algebra07

    algebra07 Active Member

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    I just want to know if I should be addressing these concerns with him, his lawyer, in an affidavit or a breach or just leave it? I have an affidavit lodged previously from one of his mates saying he has witnessed him drug and drink drive with the kids! He drove with the kids yesterday.
     
  9. AllForHer

    AllForHer Well-Known Member

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    Well, you can’t prove that Dad was actually drinking with the kids in his care, so a contravention order application is probably going to result in a lot of expense with no outcome.

    The better option would be to send an email to the lawyer, telling them what you observed or heard and ask for their cooperation in reminding Dad that he is bound by order X which states he is to refrain from consuming alcohol while the children are in his care.
     
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  10. thatbloke

    thatbloke Well-Known Member

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    I would worry when they come back and said he had 10 beers not 2
     
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