VIC Contravention of Consent Orders - Costs and Change of Orders?

Discussion in 'Family Law Forum' started by SadDad2, 10 January 2019.

  1. SadDad2

    SadDad2 Active Member

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    My ex has contravened our consent orders about 7 times in a year. The latest is that she is withholding my daughter. I haven’t seen her in over a month. Didn’t see her for Christmas and didn’t get to take her on an overseas holiday that had been planned for months.

    I’m putting in a contravention application - she does not have any reasonable excuses.

    I want to know can I ask for the cost of my daughter’s portion of the holiday to be reimbursed back to me by her mother?

    Can I ask the court to order the mother to Pay for my legal fees? Can I ask the judge about what penalties I hope he will order? A bond etc?

    Finally - and most importantly, can I ask the judge to change the current orders we have? Such as the mother be refrained from talking about court proceedings? That specific phone call time be listed? And that the mother has to facilitate the calls etc..

    Is the judge at liberty to change the orders during the contravention hearing?

    Many thanks
     
  2. sammy01

    sammy01 Well-Known Member

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    remind us - was there stuff in the orders about facilitating travel?

    Costs and a bond are possible.
    Yep magistrate can change the orders. But in my opinion, stuff like ordering her to be refrained from talking about court stuff has limited success. Same with phone calls. Just too hard sometimes. But stuff like making sure she follows orders as far as access. That is the important stuff and you should be looking for make up time.
     
  3. SadDad2

    SadDad2 Active Member

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    Thanks Sammy.
    No - nothing at all about travel in the orders.
    What about costs? And her covering the cost of the holiday? Any thoughts?
     
  4. sammy01

    sammy01 Well-Known Member

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    If the orders specified travel, then you'd have a good chance. If she agreed in writing to travel and then witheld the kids then you've fot a slim chance.

    Costs? you can try... I don't really have an opinion. I'd like to say sure after all she is being a twit... But the expectation is each individual covers their own costs.
     
  5. SadDad2

    SadDad2 Active Member

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    She signed off on a passport app and knew about the holiday.....
    She thinks she’s punishing me but the only one she punished is her own child who misses out on a great overseas holiday with her step siblings and me!
     
  6. Rod

    Rod Well-Known Member
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    You can requests costs in a contravention application. May not get, but worth a shot if you are applying anyway.

    Hard to predict which way a judge will rule on the application as the ruling depends on the detail of your case and the discretion of the judge.
     
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