NSW Custody of Children - Continual Breach of Orders?

[Philly2020]

In January, this year, interim orders were put in place for my children. I share custody of children 50/50. My ex 9 times out of 10 does not have the children at the family court approved meeting place, and is either hours late or decides to change the meeting place to suit his schedule, which is usually his house as he is lazy.

Barely a week goes by without some kind of disruption. I have documented all of this by way of screens hotting the messages blatantly refusing to abide by the orders, and have added them to my affidavit. I was wondering if anyone has any idea on how a judge may react to this? I can only assume they wouldn't be happy with the complete disregard, but would there likely to be any consequence?

 

[Migz]

If the breaches impact on your actual court ordered time and are significant, i.e. in excess of 3 to 4 hours then yes a judge will have something to say about it. But, what would you like to see happen to the orders or how would you like them modified is the question? As you need to file this change in your contravention paperwork, if the change is child focused then it will more than likely be granted

 

[Philly2020]

So a contravention order would have to be filed? It is my understanding that to do this requires further financial costs, is that correct?

 

[Migz]

Only if you have a lawyer it will cost you, if you are self repping you can file it yourself, fill in the contravention paperwork and attached an affidavit, get it signed off by a JP then post it. (fill in and post it, as it cannot be up loaded to the portal).

 

[Philly2020]

Yes, I do have a lawyer. I often wonder why he hasn't suggested that i file this already as he is very much aware of the contraventions.

 

[Migz]

Why?

It will cost you probably upwards of $2,000, for him to do the paperwork, say they charge at $350 to $450/hr and it takes 5 hours, (2 hours of talking to you and getting material, 2 hours in typing up the paper work, 1 hour in filing, then talking to you again advising of court dates and times)...that's just to file, then you have to pay for their day in court, upwards of $1,500 to appear. All to have a judge say, naughty parent, stick to the orders or their will be harsher penalties next time. The system is a joke.

So all up you are out of pocket $3500 and you may have your orders modified somewhat or there maybe no change at all and they are let off with a slap on the wrist.

Just with regards to your last message "I often wonder why he hasn't suggested that I file this already as he is very much aware of the contraventions", your Lawyer works for you, if you have any queries about it, put it to him and ask the questions.

 

[Rod]

If the final hearing date is close it is not worth doing.

If it is some time away and you have an alternative that would work better, I'd be filing the paperwork and request a change to the interim orders. The other thing you do is request costs for the contravention order. If successful, this does two things, firstly, recovers some of your costs, secondly, may improve the behaviour of the ex if he knows he has to pay more and sees less of the kids.