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NSW Changeover Issue with Ex - Breach of Family Court Orders?

Discussion in 'Family Law Forum' started by Vinnie, 23 February 2016.

  1. Vinnie

    Vinnie Well-Known Member

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    My lawyer sent the letter to state that the changeover is to take place at my ex's place at the commencement of my time with the child and at my place at the conclusion of my time with the child.

    Before that, I volunteered to pick up and drop off the child. We don't have any agreement. The current family court orders do not say who will pick up or drop off the child.

    Now, my ex asked me to do a written undertaking that I will return the child to her place at her commencement time with the child. Otherwise, the child will not be available to me at the commencement of my time with the child. They requested me to issue the letter on this with respect to any Contravention Application I may seek to file.

    What is the best reply? What happens if I don't want to drop off the child as I still want her to come to my place to pick up the child?

    Is she in breach of the family court orders?
     
  2. AllForHer

    AllForHer Well-Known Member

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    What travel distance are we talking here? Did the other parent agree to your lawyer's proposal for changeovers?
     
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  3. Vinnie

    Vinnie Well-Known Member

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    The travel distance is 20 minutes for driving and the other parent doesn't agree with my lawyer's proposal.
     
  4. AllForHer

    AllForHer Well-Known Member

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    So, I think your most significant concern is the mother's threat about withholding the child, which I assume would place her in contravention of the orders. Keep things in perspective - an argument about where changeovers take place should not result in the child not spending time with you, so if the mother insists that that's how she's going to play it, then you need to be the bigger person and remember that where changeovers take place is not as important to the child as spending time and having a relationship with both parents.

    Insist again that changeovers take place as you have requested, and notify her that withholding the child for the reason provided will constitute a contravention of the current orders.

    If she still refuses, then I would not sign undertakings, but I would agree to do the changeovers as she has requested on a temporary basis out of concern for the child's best interests, and notify her that you will be seeking that the court make orders for changeovers at the next hearing date.

    That's not legal advice. It's just what I would do in that situation. Do everything you can to co-operate, even if it feels like they're 'just getting away with it'. It goes against the grain to describe it this way, but parenting proceedings are a series of small battles in a big war, and strategically, you have to lose some battles to win the war.
     
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