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NSW Consent Orders from 2007 and 2009 - Which Order to Follow?

Discussion in 'Family Law Forum' started by Supanova, 2 July 2015.

  1. Supanova

    Supanova Active Member

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    I have consent orders dated in 2009 to which the other parent disappeared for 5 years. I would have changed orders if I had of know his address or location. These orders are from a local court.

    I also have Federal Magistrates court orders dated in 2007-2008 as well. I need to know which orders have the most power over the other. Please help me as I have been told by a few lawyers that since this has been going on for over 8 years that the matter will need to go Federal Court of Australia in Canberra?

    Other parent also moved without informing me as well. Also I would like to know, can I stop other parent from seeing the child until final orders are made based on the other parent's lack of contact with their child and comes and goes whenever they want to, lack of communication with me regarding future arrangements, and which school the child will go to when the child is in high school? (The child is now 10 yrs.)
     
  2. AllForHer

    AllForHer Well-Known Member

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    First, I wouldn't recommend withholding time between parent and child. To the court, that's akin to a cardinal sin. Unless there are proven patterns of violence against the kids, the court will only see that as a failure to support the kids' relationships with their father, which has quite often led to that parent losing residency. To improve your chances of getting what you want, you have to show you're capable of supporting the kids in having a relationship with their dad and meeting their emotional needs, if the orders made are in your favour. It's impossible to do that if you decide unilaterally that the kids' relationship with their dad should be severed because he doesn't meet your expectations of timeliness or reliability.

    The most recent orders are the dominant orders, but if they're not being followed or not meeting the kids' best interests, you may need to have it decided by the Federal Circuit Court, or the Family Court of Australia (which usually only hears the more serious and complicated matters - if you have consent orders already, the Federal Circuit Court will likely be your preferred jurisdiction). This doesn't have to be heard in Canberra - most major metros in Australia have a Federal Circuit Court, and it also travels 'on circuit' to some rural towns.

    Hope this helps.
     
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  3. Supanova

    Supanova Active Member

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    Is there a timeframe to when I need to apply for a contravention as this goes back for many years now and knowing that the most recent ones are legal vaild, would they be classed as stall in not followed by the person who applied for them in the first place as the other parent has always been the first person to apply for all orders, or would it be best for me to see another lawyer and then go from there? As I have been told many times over the years that I should wait to see what happens. I'm over spending $$$$ on legal bills when I could be using it for my children
     
  4. AllForHer

    AllForHer Well-Known Member

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    Well, what's the nature of the contraventions?
     
  5. Supanova

    Supanova Active Member

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    I don't know what you mean by nature? But I do know that the other parent lives around about 400km from where I live as they moved in 2007. They are not final order as it says on order "until further orders are made".
     
  6. AllForHer

    AllForHer Well-Known Member

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    I mean how has the other party contravened the orders. What are the contraventions you're seeking to have addressed?

    Of course, I only ask because I wish to help. You are not under any obligation to share that information if you don't wish, but I might be able to give you some perspective on what to expect from the court so you can decide if it's worth the financial output. Some contraventions the court will take very seriously, while others will just get a verbal reprimand, if anything at all.
     
  7. Supanova

    Supanova Active Member

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    Im currently looking into see weather or not there are formal orders made for the 2009 orders, as the court house hasn't got any records on any orders been formal made and that there was a hearing listed before the court but either party never showed up ( I wasn't aware there was a hearing date) , anyways, the other parent seeked to have consent orders made in 2009 and followed orders for about 6 months and then disappeared. Monthly visits and half school holidays and give yearly dates on visits in advance but like I said the other parent lives away from the child and doesn't always come down to see their child, comes a few times as per orders and then misses one to two, sometime more they miss many months at a time. I hope this helps you understand what is going on in the problems I have been going thru for the last 8 years. Oh I was just told on the phone that the first ever court orders might be the true vaild current court orders which is dated in 2008 which are the Federal Magistrates court
     
  8. AllForHer

    AllForHer Well-Known Member

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    If the first orders state "until further orders are made", then it's the more recent ones that will have precedence. I imagine the court will prefer the more recent ones, as well.

    If neither party attended, then it's unlikely the court will have made final orders in your absence because the court would not have been able to test the evidence. To check, contact the Family Court Registry. They'll be able to provide you with the most recent orders, including any made of which you are unaware.

    Bear in mind that nothing, including orders, can compel a non-residential parent to spend time with their child. Orders serve only to ensure the parent is able to spend time with the child at the times indicated on the orders. So long as the child is available at those times, no contravention on either side has taken place, even if the other party has failed to take the opportunity to spend time with the child.
     
  9. Supanova

    Supanova Active Member

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    Thanks for your information, I ended up making a phone call to the court house to which I believed on where they were listed at, they are now looking into as to what the out come was to interm consent orders which was listed for hearing in May 2009, whom they have told me that there was a listing for an interm order on X date May 2009 but a note on file neither party attended, no other notes on outcomes was on file and even the Dec 2009 orders are even on the file, so I get the feeling that there is no orders on records at this court house.

    The lady I spoke with said that they are looking deeping into this, right down to contacting the other party lawyer to get answers to see where paperwork ended and what the outcome was as the court house has no records on file and they want to update their system regarding this case. They also infomed me that the orders from the Federal Magistrates court might be the true vaild orders, which was made in other party absence to apply to seek to have set aside or apply for new orders. and that the child lives with the mother until father seeks these order(s). The whole case has got me very confused to which orders are real and which ones is vaild....
     

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