Hi,
I have current orders that have been in effect for years stating I have sole parental responsibility and that the OP have no contact with the children unless the children choose to initiate contact with the OP, the children live with me full time. Over this period the children have always been aware of the OP's contact details so they could make contact if they wanted to.
Due to a history of DV and many years of counselling - the children have made it very clear that they want no contact with the OP (children are now 14 and 17).
Over the years the OP has breached the orders many times by hiring private investigators to attempt to locate our whereabouts and the schools the children attend to attempt direct contact with them - there have been public social media posts by the OP with email details and social media addresses of myself and family members inviting people to locate us and make contact - (we were relocated by a DV and child protection agency, prior court proceedings redacted school and location details).
That is just a brief outline of the history to understand my current situation.
Currently the OP has advised application will be forthcoming to family court to initiate direct mediation with the children - I am certain this will traumatise the children and they will refuse to speak to the OP. One of the children concerned spent months off school due to PTSD and panic attacks, years later this child finally has balance and confidence again...this would be devastating!
I know the Rice v Asplund reference regarding significant change in circumstances. The only changes have been in the OP's life, not in the children's or in their relationship or choices to contact the OP. The children have only contacted the OP a few times over the years only to advise that they do not want any contact whenever the OP starts to harrass extended family.
Also, a 60i certificate was granted 2 years ago to the OP when the OP attempted mediation and the mediator was unaware of the current orders or history.
The OP has experienced health issues in recent months and a financial inheritance - this is the only 'significant change'!
Sorry, I know this is a lot of info - wanting to know if the OP can actually apply to the courts to initiate direct mediation with the children under these circumstances?
The children legally had their names changed in a closed court a couple years ago when the OP was attempting to locate them, this was their choice - I do not want this to be exposed to the OP.
Is there any way that I can have court proceedings stopped before they commence?
I do not want to cause distress to the children, they are unaware of the current ultimatums I am receiving to phone the OP or they will commence with these proceedings, can I engage a lawyer to send a letter on the children's behalf to the OP expressing their wishes not to engage? I do not want to cause the children stress but at the same time I do not want to wait until this is possibly lodged in court and they have to go through all of that again! Any advise would be appreciated.
I have current orders that have been in effect for years stating I have sole parental responsibility and that the OP have no contact with the children unless the children choose to initiate contact with the OP, the children live with me full time. Over this period the children have always been aware of the OP's contact details so they could make contact if they wanted to.
Due to a history of DV and many years of counselling - the children have made it very clear that they want no contact with the OP (children are now 14 and 17).
Over the years the OP has breached the orders many times by hiring private investigators to attempt to locate our whereabouts and the schools the children attend to attempt direct contact with them - there have been public social media posts by the OP with email details and social media addresses of myself and family members inviting people to locate us and make contact - (we were relocated by a DV and child protection agency, prior court proceedings redacted school and location details).
That is just a brief outline of the history to understand my current situation.
Currently the OP has advised application will be forthcoming to family court to initiate direct mediation with the children - I am certain this will traumatise the children and they will refuse to speak to the OP. One of the children concerned spent months off school due to PTSD and panic attacks, years later this child finally has balance and confidence again...this would be devastating!
I know the Rice v Asplund reference regarding significant change in circumstances. The only changes have been in the OP's life, not in the children's or in their relationship or choices to contact the OP. The children have only contacted the OP a few times over the years only to advise that they do not want any contact whenever the OP starts to harrass extended family.
Also, a 60i certificate was granted 2 years ago to the OP when the OP attempted mediation and the mediator was unaware of the current orders or history.
The OP has experienced health issues in recent months and a financial inheritance - this is the only 'significant change'!
Sorry, I know this is a lot of info - wanting to know if the OP can actually apply to the courts to initiate direct mediation with the children under these circumstances?
The children legally had their names changed in a closed court a couple years ago when the OP was attempting to locate them, this was their choice - I do not want this to be exposed to the OP.
Is there any way that I can have court proceedings stopped before they commence?
I do not want to cause distress to the children, they are unaware of the current ultimatums I am receiving to phone the OP or they will commence with these proceedings, can I engage a lawyer to send a letter on the children's behalf to the OP expressing their wishes not to engage? I do not want to cause the children stress but at the same time I do not want to wait until this is possibly lodged in court and they have to go through all of that again! Any advise would be appreciated.
