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NSW Breaches of Family Law Contact Orders

Discussion in 'Family Law Forum' started by RosieR, 12 July 2015.

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  1. RosieR

    RosieR Active Member

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    I am starting an application for contravention due to my ex breaching our family law orders on multiple occassions the application states to list each breach separately.

    My legal question is: My ex has withheld phone contact on multiple occasions and withheld payment of supervision fees on multiple occasions (to name a couple of breaches). Do i list each phone call and payment breach separately? Or by topic? Eg, phone calls, fee payments etc (listing date of each breach under the topics.)

    Thank you in advance.
     
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  2. AllForHer

    AllForHer Well-Known Member

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    There's no rule for how to set these contraventions out, so do whichever feels more comfortable for you.
     
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  3. RosieR

    RosieR Active Member

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    I appreciate your time. .. TY ☺
     
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  4. RosieR

    RosieR Active Member

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    I recently had final orders for parental contact made in the Fam. Circuit Court.... if my Ex has now breached those orders, do i submit my application Contravention to the same court or just the Family Court ?
     
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  5. AllForHer

    AllForHer Well-Known Member

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    The Federal Circuit Court is well-positioned to make decisions faster than the Family Court, and the Family Court ordinarily only deals with family law matters that are more complicated, such as Magellan-listed cases or property settlements involving significant assets. In my view, it's best to file with the Federal Circuit Court first, as the Federal Circuit Court is also equipped to transfer proceedings to the Family Court if it deems it necessary.
     
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  6. BLT 1981

    BLT 1981 Active Member

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    Hi All

    Very interesting site and I wish I had found this about 5 years ago. I am hoping someone can help me please. Long story short I got "Final orders" in the Family Court of Australia in August 2016. THe judge was extremely fair ordered a stepped approach to seeing our children. I went from supervised access to unsupervised access over a 6 month period.
    Prior to the final hearing I only had 2 hours supervised access once a month as I live interstate. My ex had alleged "family violence" and all the usual suspects and took out an AVO against me when we separated. The judge was critical of my ex partner and I cringed a couple of time when the ICL's barrister grilled her on the stand. It was a long road to get her and I can honestly tell you their were times I consider giving up.

    However the Final orders are less than 1 year old and the mother has breached the order on 2 occasions now by not letting me see our 3 children. She claims the children are scared and are unwilling to spend overnight care with me. If I agree to her new terms she will allow me to see them 1 weekend a month as long as I return them every night. This is not as per the orders and the expert witness recommendation. It will then block me having them on a 2 week holidays (if I have to return them each night) and their will be a huge knock on effect to the orders.

    I have tried to reason with the mother with no luck. I now see I have to start contravention application. I went through 4 years of misery and virtually constant bombardment from her legal team. I ran out of money and I am currently a self represented. I do the right thing in child support and pay $3500.00 plus every month which I have never failed to pay. My Ex has also threatened to start a whole new application to have the orders changed if I don't agree to her new terms.

    To date I have completed the following:

    Affidavit- Non-filing of Family Dispute Resolution Certificate (due to the urgency as I would like to spend time with our children and she has stated she will continue to breach)
    Copy of Orders
    Application Contravention

    My Affidavit about the 2 breaches

    My question is which court do I file in?

    I had Final orders from the "Family Court of Australia". If I was to get in front of the same Judge I believe my Ex would be in serious trouble.

    This link was provided by the court help line which seems to indicate the "Family Court Of Australia"

    Compliance with parenting orders - Family Court of Australia

    or

    Do I file in the "Federal Circuit Court"

    If the mother files her new application (using family abuse as an excuse or something) as she has threatened. I will have to start this again. It took so long the last time and I live interstate in the country. It is a 4 hr drive just to get to the airport.

    What to do?

    Thanking you in advance.

    BLT
     
  7. sammy01

    sammy01 Well-Known Member

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    I believe the federal circuit court will hear your case faster...
    In the mean time, agree to her craziness, just so you can keep seeing the kids AND it will look better for you in court if you accepted.
    But there is a plan B. Refuse crazy.... Tell her you expect her to follow the orders as is. If she doesn't let you see the kids, you can go for an urgent recovery order. This could get you in-front of a magistrate faster...
    One more thing, start a new thread for your post instead of adding onto someone elses
     
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