VIC Breach of shared parebtal responibility

[Dpj]

Hi All.

A child of mine was born after separation. The mother lied about the name she gave the child (an extra middle name). I am wondering what outcome (penlty) may be levied on the mother for this breach.

This is in chronological order

- 3 kids. 2 boys and a girl. The two eldest (boys) had a middle name chosen each by the parents. A family associated name were chosen by each parent for both kids. I chose historic maiden names and the mother chose her own maiden name.
- the mother (via text/emails) said she would not use her maiden name for the 3rd child. This was 5 months before she was born.
- I have texts/emails from ~2 months before she was born with the mother threatening to not put me on the birth cert f I didn't pay her money DHS agreed I did not owe. Around this time I also have texts from the mother saying it's her preference that I'm not the legal father and have nothing to do with the child (I had +42% care of my boys, 1 and 3yo, at this point in time).
- I expressed verbally that I wanted same pattern of middle names as the boys (each parent chooses). My ex wanted a single feminine sounding middle name.
- after birth, my ex signed a newborn declaration form where she added her maiden name as the 2nd middle name. I was only privy to this document over 12 months later
- She tested me what she has officially named the child. She omitted her maiden name.
- 12 months later she applied to have the name registered. I received no correspondence from birth deaths and marriages to ave me added.
- 12 months later I request birth cert from ex so I could have kids on my Medicare card. Ex ignores me regarding my daughters BC. She sends me my son's. After asking a few times she says she doesn't have one and never did it.
- I contacted Birth Death Marriages (BDM) who confirmed there is one and I'm not on it.
- when I confronted my ex she texted BDM couldn't get onto me. She claimed 'it wasn't my fault you didn't tell me you left your job'. This says to me she provided my old work details as contact details.
- she also made excuses about why it was fair she chose the name. Openly addmitting such.
- never did she advise me she had lodged the name.i feel she was delighted that I was uncontactable so I was not on the certificate

I find the the mother is toxic and I want to lodge a contravention to the court so it's on record. Built a case as I feel she will breach orders again.

Any idea if such a breach is minor/major (I'm thinking minor), whether I have to get a FDR cert before I breach, and what a penalty may be? I'm not expecting much of a penalty tbh.

Also, if I lodge this breach, should I highlight other items to taint the ex (albeit may be not breaches?). Ie
- doesn't do my sons homework. Shool has made co.ment. his homework book is 30% done by here only
- she doesn't Fwd birthday invites my child gets and rsvps on invites where I have care. She doesn't ask me. She also said 'his invites are not for your concern). Clearly thinking about her own ego not whats best for the child.
- not sharing school info (only one parent can sign up to their portal). I would like Judge to make me that contact. I share information - should I prove I do?

Any help would be great. Cheers

 

[Atticus]

Any idea if such a breach is minor/major (I'm thinking minor), whether I have to get a FDR cert before I breach, and what a penalty may be? I'm not expecting much of a penalty tbh.

My opinion.. Minor.

At this point you're probably better off just adding it to a list if you ever have to file a contravention for a more serious matter, such as withholding without reasonable excuse.

 

[Dpj]

Lying about the name of your child may be minor but I'd like to get it into court. I can throw in other minor breaches too. I would have thought naming child different to agreed would be more serious than withholding a child for a night.

 

[Atticus]

I would have thought naming child different to agreed would be more serious than withholding a child for a night.

Withholding without reasonable excuse in contravention of a court order is serious if it's ongoing or frequent. If the orders are clearly contravened there are consequences for that party.

Parental responsibility only requires that parents consult with each other on matters that fall under 'long term' decisions affecting a child. There is nothing in PR that compels a party to accept the others view & act on it. So unlike orders, it's a much harder argument to win & the consequences much less.

 

[Atticus]

I would have thought naming child different to agreed would be more serious than withholding a child for a night.

Withholding without reasonable excuse in contravention of a court order is serious if it's ongoing or frequent. If the orders are clearly contravened there are consequences for that party.

Parental responsibility only requires that parents consult with each other on matters that fall under 'long term' decisions affecting a child. There is nothing in PR that compels a party to accept the others view & act on it. So unlike orders, it's a much harder argument to win & the consequences much less.