NSW Child Support Even Though Ex is Restricting Access?

[Peter_P93]

Hi all, I have the court hearing for my little girl.

In a few weeks, having the ex answer almost 150 allegations of contravention of final orders. Still haven’t seen or spoken to my girl in over 7 months. Does anyone know if I can bring up extra instances that have happened since I provided my affidavit to the family court?

In addition, child support told me today that my orders don’t mean anything as they work on actual care, not what court dictates. So, even though the ex is restricting access... I have no leg to stand on... does this sound correct?

Any help, as usual is appreciated.

 

[sammy01]

Yep - CSA work on actual care. IF the ex is breaching what is in the orders you can appeal to CSA for them to consider that fact and I believe they'll consider amending the assessment.

Do you have a solicitor?

So you have had a hearing or two? Were interim orders made?

What grounds is the ex giving for witholding?

 

[Peter_P93]

No interim orders, only final orders. This is the first hearing for the contravention.

 

[Rod]

In your oral submission to the court you can mention the continuing contraventions. Give details such as dates and times and reasons given if any, for each contravention.

 

[Migz]

If your court date is a few weeks away, then submit your affidavit again, and serve it again on the ex. What you do is put the words "supplemental" in bold red above the word Affidavit, now add to your existing affidavit, but everything you add must be underlined in red pen. Upload it to the commsportal.

Thats it.

Pay the server to serve it again and get a copy of the serving paperwork for your records.

P.S. CS collude and conduct outright Fraud in this country, and support alienation. Hope you do well in your contraventions, Judges don't like children being withheld, or going against the orders they have already written, you have to sell it to them, that the other party isn't following "Your orders" your honor. Hope you have written up new Orders and attached them to the Contravention Paperwork.

 

[Peter_P93]

Brainstrust: In addition... I got in contact with my little ones pre-school, they are refusing to abide by the orders they have been given as they are a 3rd party and do not need to comply, suggesting it is the mothers decision.

Thoughts?

 

[Migz]

Peter what do the court orders actually say regarding "pre-school" ?

 

[Rod]

What is it you want the pre-school to do that they will not do?

 

[Peter_P93]

Peter what do the court orders actually say regarding "pre-school" ?

16.) That the applicant father and the respondent mother shall do all acts and things & sign all documentation necessary to authorise and direct any preschool or school the child is attending, to discuss with the applicant father or the respondent mother the child attendances or progress, finish reports, preschool or school photos, copies of any correspondences, newsletters. And any other written material produced by the school and distributed to the parents all relating specifically to the child.

 

[sammy01]

Mate I'm a high school teacher. I do think schools are doing better at this than pre-schools. You could write them a letter, apply some pressure, run it past the good folk here and choose your words carefully. Or understand that some battles are not worth having.

So I can tell you that from primary school I had access to kids reports, I could get attendance records and the teachers were all willing to discuss the kids with me.... But the pre-schools were more problematic and hostile to the fact that maybe I'm not the evil dude my ex portrayed me as being...

My opinion, write a nice letter asking for them to inform you of anything like photo day or whatever, but realise you're probably pushing XXXXX up hill and might be best to let this one go.

So you have final court orders? What sort of time do the orders provide for the kid to spend time with you? What reason has the ex given for not playing nicely?

Looking forward to hearing how you go. If you already have orders that facilitate your time with the kid and mum refuses, I'm hoping the magistrate at least suggests a prepardness to reverse the orders and make you the primary carer...