VIC Can I put Contravention of orders, urgent Recovery orders and non-urgent Relocation orders in one application?

[Muxaul]

Hi ,

3 years ago, me and my ex got a final parenting order by consent, in which it says 1, our child is to be enrolled in school A, without prejudice for either parent to seek orders for alternative school choices. And 2, before the child turns 9, he lives with me for 6 nights per fortnight plus half school holidays, and after he turns 9, we will be on 50/50 equal care.

In March 2022 my ex purchased a house 65 km away and wanted to enrol child to school B in her suburb. I said no, proposed counteroffer then invited her for mediation. However, my ex refused mediation, (cert 60i provided stating that the other party refused to mediate) and without seeking new parenting orders in regards to child school and living arrangement, she just informed me in email that she has decided to enrol our child to school B while child is in her care.

I intend to initiate a contravention of court orders for enrolling child to a new school despite standing court order, a recovery order to bring child home to continue attending his existing school, and seek new parentings to decide child’s school, and residential address, if applies.

The question is, can I seek contravention of court orders, recovery orders and relocation orders in one application? If so, Can the application be urgent due to the nature of recovery orders? Or do I need to submit 2 or 3 separate applications? One for urgent recovery orders, one for contravention of court orders, and one for non-urgent new parenting orders for relocation?

Many Thanks

 

[CSFLW]

Hello Muxaul

Does the enrolment of the new school affect the 50/50 arrangement

 

[Muxaul]

It does. 65km distance means I either have to move to school B zone to facilitate 50/50 percentage and give up my long term professional career in a specialised industry, or we live far apart, and one parent’s time will be down to every second weekends n half school holidays.

I proposed that we both move to suburb C, somewhere in between of my workplace and ex’s workplace, so that or our child can go to school C in that suburb, and it is one of the top schools in Melbourne, even better than school A, and much much better than school B. This way we can also maintain 50/50 arrangement. But I ex refused and would not even want to attend mediation.

Regardless, without seeking a new court order, my ex has informed me in email that she has already moved, and decided to enrol child to School B.

 

[CSFLW]

In response to your questions, can I seek contravention of court orders, recovery orders and relocation orders in one application? We would need to have a copy of the orders.

Feel free to drop us a line (no charge) to discuss

 

[sammy01]

yup, all part of the one application. You cant apply until the move happens. My advice, make sure the ex knows in writing you'll be applying for an urgent recovery order and costs against her if she fails to comply with the current orders.

 

[Muxaul]

yup, all part of the one application. You cant apply until the move happens. My advice, make sure the ex knows in writing you'll be applying for an urgent recovery order and costs against her if she fails to comply with the current orders.

Thanks a lot Sammy!

The “notification in writing” is a part of Pre-Action procedure (not sure if this is new after the formation of FCFCOA) and I just did that.

10 page limitation on Initiating Affidavit feels short to fit in all backgrounds in regards to contravention/recovery and reasons to seek new parenting orders. oh well.

 

[sammy01]

10 page limit seems short? Nope I disagree. I reckon you can do it in 1 page. You have current consent orders. She has breached them. Done and dusted...
You don't have to prove she needs to comply with the orders OR that it is in the best interest of the kid for her to comply with the orders. She DOES have to prove that it is in the best interest of the kid for her to breach the orders and to do so unilaterally and with no consideration of your role as a parent. SHARED PARENTAL RESPONSIBILITY? She's gonna struggle to prove that she can do what ever she wants with no regard to the current orders.

 

[wendygeorge]

If you also want to change the current orders, you would just file an initiating application seeking to set aside the current orders and ask the court to make X orders
You would file a Contravention Application if you want old orders to resume and the mother punished for contravention
You can’t seek new parenting orders in a contravention application