WA Consent orders broken - what do we do?

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Renee 79

Member
10 August 2021
3
0
1
Hi everyone
After a long drawn out 3 years, my bf finally got to a point he was getting his children every second weekend for sleepovers, and alternating Wednesdays. Two fortnights ago she rocked up ten minutes early for their drop off, sat in the driveway on her phone and the kids didn't exit the car. She took off after about 5 minutes.
We hadn't realised she was there, only saw it on our security cameras (which she is aware we have and for this reason we think it is staged) and then of course 3.30pm comes and no kids
We called, texted, and kept following up and finally heard back about 30 minutes later where she replied "the kids didn't want to get out and DCP have advised I am not to force them, and it is best to get them home and settled"????
Since then we have not seen the children, so two full weekends and a very long month later, we have been asking our lawyer what we can do next, and due to his lack of response , long delays and very uninterested manner, we have decided to go out alone once again. Too much money has been spent to date to achieve absolutely nothing and we seem to have gone backwards.
Has anyone got similar situations going on and have any advice of best plan of attack?
Context: the children absolutely love my partner, have gotten back to being very close with him after years of lost time, the ex is extremely manipulative, vindictive and has severe mental health issues, has been in and out of hospital because of this, and to her the children are her source of income due to never having worked in her life.
Any advice would be greatly appreciated!
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
has solicitor written to her? If not I'd suggest swapping solicitors.
1. Get solicitor to write to her. Threaten court and a cost order against her. 14 day response
2. Apply to court. Look, I reckon it is worth paying a solicitor to do that but it can be done without a solicitor.
 

Renee 79

Member
10 August 2021
3
0
1
Our solicitor wrote to her and her legal aid rep, no response after 2 weeks, no follow up, and no real advice since on what we do. Just a estimate of what it would cost to do so... which was approx 10k. He has needed so much prompting to even do the bare minimum, so today we called it and are essentially going it alone again unless we can find cheaper, better help (lol one can dream)
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
sack solicitor.
Call legal aid solicitor. Ask why the delay.
Write to legal aid asking why no response.
How old are the kids? pick them up from school on Friday? Pick them up occasionally on a Tuesday. Go on dare ya.
Put in the contravention application asap. Consider changing solicitors. Maybe give yourself a small budget. Look there is a good argument for getting a solicitor to submit the paperwork, but then go to court on your own if you feel confident.
Call a mediation service. Get them to contact her for mediation.
Contact her twice a week.
Dear fwit (oops ex).
I have court ordered time with the kids on (XXXX). Are you going to facilitate this time? If not can you please explain why? Please be advised all corespondence will be used in court and I am advised I should seek a cost order against you and make up time with the children if you do not comply with the court orders. Feel free to contact me in writing if you need any further clarification.

Short version don't sit on your hands.