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QLD Breach of Family Court Orders?

Discussion in 'Family Law Forum' started by Bullied, 3 September 2015.

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  1. Bullied

    Bullied Member

    3 September 2015
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    I have family court orders with my ex husband which states that I need to drop the kids to him on a Thursday afternoon at 5pm. I have gone to his house, and he is not there. His new wife of 1 week is there. My children do not want to go inside without their Dad being there.

    My ex husband claims that if I do not let take the kids inside that I am breaching our family court order...and he will take me straight back to court. Am I breaching the family court order?

    I would suggest that HE is the one breaching it.

    I have rung the police and they won't help me.

    Where do I stand?
  2. AdValorem

    AdValorem Active Member

    20 August 2015
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    It appears that the parenting orders provide for the children to spend time with each of you.
    The obligation is on the parents to ensure that they are available at the handover times unless the orders provide otherwise.

    It appears that you had a reasonable excuse not to drop off the children because their father was not at the house when you went there.

    There is nothing stopping the father to file an application for contravention and it would be up to the court to decide if you have breached the order considering all of the circumstances.

    That is why it is important to write down the sequence of events that took place on Thursday while still fresh in your memory.

    Who went to the father's house with you, how did you get there, at what time did you arrive, who opened the door, did the father warn you that he was not going to be at the house, what was the conversation that you had with his wife - what did you tell her, what did she tell you, did you try to contact the father and ask him when he was coming back, did you make new arrangements etc.

    If the orders allow contact by email with the father email him the above notes about the events surrounding the drop off.

    The court is protecting the interests of the children. I think that the father will find it difficult to prove that you have breached the order in the circumstances described by you.

    If unsure about your rights always seek legal advice from a lawyer specialising in family law.
  3. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    No, I disagree with the above - I would argue that refusing to drop the kids to their father's house according to orders, solely because their stepmother is there and not the father, is a breach, and indeed, has been found to be so in many recent contravention cases.

    If it was a stranger who was there, or someone completely unknown to the children, then you might have grounds, but your ex-husband's "new wife of a week" is also their "new stepmother of a week". She is obviously not unknown to the kids, and indeed, a person with whom the kids have a right to spend time, and the circumstances in which they spend time with her are not your decision to make. Would you have felt any different if the father had been walking out the door as you arrived, obviously leaving the kids with their stepmother, but at least present for the changeover?

    At the back of your orders is a document which explains your obligations in following the orders, and they do form part of the orders. That means you are legally obliged to actively follow them, not just passively. I suggest you read it and then reconsider your position.
  4. elletee

    elletee Member

    19 April 2015
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    I agree with AllForHer.

    You have clearly contravened the orders based on your opinon of the childrens step mother and that is not in the best interests of the children.

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