I have an upcoming contravention hearing about the child being withheld from myself.
reasonable excuse is obviously very vague, but what would be a general guide for the level of proof the other party have to prove too meet the minimum of such.
The issue in particular in question here is the breacher alleges I was homeless. States 2 family members of mine called her. The other side has never provided anything, even a phone bill showing calls occurring. I have already proven one did not, as they stated in a sms message to myself they never called. The other I have not spoken too in 3 years by their choice and has no clue about my living circumstances nor is involved or approached for advice in relation to the child.
So my question here is.... like if alleged events did in fact occur it would be reasonable to assume the child welfare would be at risk, thus reasonable then. But what level of proof does the other party need to provide to back up such claims. The description of reasonable excuse mentions nothing about fact or proof.
I have also already provided affidavits from others stating I was not homeless, and even had to move from the joint accommodation with a friend into my own now more expensive residential property just to have a tenancy agreement because all information about such previous residential details where given to them that they ignored. That was the only way to force them to give back the child. I mean I could have waited for the court technically, but Its already been 6 months since the breach occurred. If left to the court, I still wouldn't have the child.
reasonable excuse is obviously very vague, but what would be a general guide for the level of proof the other party have to prove too meet the minimum of such.
The issue in particular in question here is the breacher alleges I was homeless. States 2 family members of mine called her. The other side has never provided anything, even a phone bill showing calls occurring. I have already proven one did not, as they stated in a sms message to myself they never called. The other I have not spoken too in 3 years by their choice and has no clue about my living circumstances nor is involved or approached for advice in relation to the child.
So my question here is.... like if alleged events did in fact occur it would be reasonable to assume the child welfare would be at risk, thus reasonable then. But what level of proof does the other party need to provide to back up such claims. The description of reasonable excuse mentions nothing about fact or proof.
I have also already provided affidavits from others stating I was not homeless, and even had to move from the joint accommodation with a friend into my own now more expensive residential property just to have a tenancy agreement because all information about such previous residential details where given to them that they ignored. That was the only way to force them to give back the child. I mean I could have waited for the court technically, but Its already been 6 months since the breach occurred. If left to the court, I still wouldn't have the child.