VIC Breach of Family Law Court Order?

[Finkle]

A court order has just been put in place (I have not see the documentation yet). So I can call my kids between 6 - 7 which I have been doing for a long time before this, but having problems with my partner hang up multiple times, then in the background saying it is running out of battery then I end up having to calling her phone and she tells me I have to face time video call (so she can record the call I believe) and this is the process every time.

She is a master manipulator so uses every trick in the book to have them eating, friends over or distracted in some so they don't interact with me. She also coerce them saying I am not calling and I don't want to see them (I find the really difficult can't tell them why I was suddenly forced to leave the home and are not with them all the time as I was before) so they are angry with me when I ring.

I was hoping the court order would stop this and it has not. My lawyer (who I need to move on from) is very hard to get in contact with as to why I am using this forum.

Q: Firstly can I get in trouble for ringing her number (note she also has an intervention order against me use lies which was finalised without me accepting charges for a year) and should I only ring the kids mobile number as stated in the order.

Q: As I am ringing the kids is there anyway she can get pull up for this behavior? What do I need to look out for that is an actual breach under family law so if this keeps constantly happening I can take further action to allow me to at least talk to my kids and what action do I take if she has breached?

Concerned parent...

 

[sammy01]

I don't like my opinion...

Do nothing until you get the order. Are these interim orders? Final orders? Are you looking at spending time with the kids and has that been included in the order?

Look the problem is if she doesn't comply with the order you don't have much you can do... Keep applying to court for breaches? It will do your head in.

But if it is only interim orders then document everything. Every time - length of call - reason given for the kids not being made available... So you can use that when you get back into court.

 

[Rod]

You need to read the new court orders and see what it says about contact.

The Family Court/FCC should have been told about the IVO and taken that into account when they framed their orders.

Get the order and follow the orders, do not deviate from the orders while the IVO exists. Else you may find the current family court orders changed to your detriment along with a fine, CCO or spell in jail.