VIC Custody of Children - Family Court Orders - Mother Not Allowing Contact

[Marcuseric]

I am a father of twin boys which have been alienated against me. It's been 5 years I have not seen them. I have family court orders and all was great with them until their mother decided to stop them and not turning up for pick up.

This happened numerous times until I decided to enforce the orders through the courts. It took two years and a lot of $$$ and got absolute nowhere. False allegations against me were upsetting and she did everything in her power not to let the kids near me. She is very insecure with herself and does not realise the damage for the kids.

I ran out of money at the end and Legal Aid Victoria would not help. Can I sue for emotional damage to myself? How can I get the children back in my life? They were 10 at the time and they didn't even call me dad and don't care for me and completely shut me out. When I had them, they were so lovable and so happy then things turned! Tried everything.

 

[Sophea]

Hi Marcuseric,

I am not aware of any basis you would have to sue for "emotional damages" in these circumstances, as there is no estabished duty of care between ex spouses. In addition, if you were unable to refute the allegations made by your wife in the family law proceedings, I doubt you would be able to prove that her lying has caused you emotional damages.

 

[AllForHer]

I agree with Sophea - you don't really have an argument to sue for emotional damage.

However, if the mother continues to contravene the orders, you can file a contravention. Reprimand from the courts generally becomes more serious as contraventions continue, and in many cases, result in a change of residency that places the children in the care of the other parent.

You should speak to a solicitor who can address the particulars of your case and give you details about your options.

 

[Marcuseric]

Thanks for those answers guys. I do have orders and I spent two years enforcing them as she was not turning up a lot of times. During proceedings false aligations were coming and coming and coming. As the children were only 10 years old they did not want anything to do with me and spoke to me in a manner that their mother can only speak. Devastation is not even the word on how my heart was ripped apart as well as my family's. Family law sucks and did not recognize parental alianation !!!!!!!

 

[Marcuseric]

My problem is that I have had lawyers and barristers representing me in court to enforce the orders I already had !!! Lies and parential alianation was brought fwd after I had the kids for a year because of jealousy and insecurity. My kids gave been brainwashed that much by their mother that they refuse to have anything to do with me after a close loving relationship we had together. .nearly 6 years I have not seen them and breaks my heart everyday. No address no communication nothing.
What else can I do to find them. I stopped courts due to $$ and not even free help would help me. :/(