LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Can Son's Ex Go Against Family Court Orders Based on Assumptions?

Discussion in 'Family Law Forum' started by Leigh, 23 December 2015.

  1. Leigh

    Leigh Well-Known Member

    Joined:
    20 May 2015
    Messages:
    15
    Likes Received:
    0
    My son has been through the family court and the family court orders say it is his turn to have his daughter this Christmas. His Ex is refusing access unless we, his grandparents, are there. My son has been depressed, but is under medical care and has been given the all clear. The mother also has a mental health illness, as well as many convictions.

    Can she go against the family court orders based on her assumption that my son is unwell, even though the Drs say he is ok?
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,065
    Likes Received:
    126
    Ok, can you get there for Christmas?

    Can she go against the orders? No - and the courts have the capacity to imprison people who breach orders (but they rarely do) and he will have to make a court application for the contravention and it ain't worth it.

    Can she go against the orders? Yes - The cops won't go to her house and collect the kid and Christmas day will pass without your son seeing his kid. This will make him more depressed.

    So, can you be there?

    What sort of access does he usually have throughout the year? Is there anyone else who could be there to 'supervise' just to appease the twit (oops, I mean mother)?

    Can he get to his Dr's asap, like tomorrow and get the Dr to write a letter saying he is mentally ok? If he can do that, he could provide that to the twit (oops) along with a letter explaining the rules in the hope to motivate her to play nice.
     
  3. Leigh

    Leigh Well-Known Member

    Joined:
    20 May 2015
    Messages:
    15
    Likes Received:
    0
    Yes the Dr has confirmed he is ok in writing. We can and will be here but he wanted to take her to his brothers and cousins for Christmas lunch and she would love to do this. The Mum is objecting. Given the history of the Mum, I find this difficult to understand. She suffers from extreme anxiety and has about 40 convictions whereas my son has none.
     
  4. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,065
    Likes Received:
    126
    40 convictions? What for?

    Ok, so she wants you to be 'supervisor' then just tell her that you'll do it. Once your son gets his hands on the kids, he can do whatever he likes, then lie through his teeth - your car broke down, you got abducted by aliens. just tell her what she wants to hear then follow the court orders.
     

Share This Page

Loading...