NSW Contravention Order - Ex No Longer Following Court Orders?

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Peter_P93

Well-Known Member
7 March 2018
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Hi all,

After being away with the Army for over 6 months, having my ex ignore family court orders and not let me talk to my little girl for the entire time (even though it’s in the courts orders) I get to go home. I was so excited to see my little girl until the ex decided that our court orders are no longer her concern.

There is no file for new orders and she has not filed a contravention order. She won’t let me see her, laughed at me and told me court didn’t care 18 months ago, they won’t care now. She refuses to let me see her as the court orders state once I’m back, she has all the control. What do I do?
 

MartyK

Well-Known Member
4 June 2016
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61
794
“She refuses to let me see her as the court orders state once I’m back, she has all the control”

What do you mean by this?
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
Write to her, ask to see the kid and explain that if she fails to comply with the orders you will apply to court... Then apply to court
 

Peter_P93

Well-Known Member
7 March 2018
37
0
121
“She refuses to let me see her as the court orders state once I’m back, she has all the control”

What do you mean by this?
We had court orders made 18 months ago, she is of the opinion that me leaving the country made those orders void. The court orders state I am to have care of my little girl every second Wednesday and alternating weekends. Thy also state the respondent mother is to facilitate Skype contact every Monday and Friday but she refuses to do that too.
 

sammy01

Well-Known Member
27 September 2015
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720
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Yep - I remember you posting when you were OS.
take her to court.. Make the court application for a contravention - challenge her
 

Peter_P93

Well-Known Member
7 March 2018
37
0
121
Yep - I remember you posting when you were OS.
take her to court.. Make the court application for a contravention - challenge her
Yeah that’s what I’m going for. I was reading I need to go back to mediation... which is a complete waste of time. Just another way she can extend the time till I see my little girl... she made light of the fact that she can take 2 weeks to respond to any correspondence through her solicitor... love the ease in which the system can be played. Has not offered me any kind of alternative to even see the little one when I’m back... wants to meet and talk about things, but won’t bring the girl. I understand reintegration may be difficult, but she didn’t even suggest meeting up with them both to even see her. Told me in a message that she doesn’t care about the court orders.
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
go meet her. have the chat. Listen lots, speak a little. Give her nothing to get an avo on you. meet in public

NOPE no need for mediation if it is a contravention. But the waiting list is ugly. So meeting with her and begging is a better option. I don't like my advice... I hope someone elsecan give you a better approach
 

MartyK

Well-Known Member
4 June 2016
419
61
794
Keep all correspondence of her unwillingness to facilitate time & rejections of court orders - you had good reason for the orders to be unworkable when posted overseas
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
good advice.. and keep asking for facetime... mate the paper trail work in your favour
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
Were you in the Army 198 months ago? If so, did you build in the possibility of being posted and what would happen? If not, why not? Contravention is the way to go. Obviously if you are going to be away for periods of time the current orders are unworkable.. but NOT void