Hi I am father of 3 kids( triplets) they are 7 years 4 months old, me & my ex separated in 2013 after 4 years of merriage, ( due to domestic violence) we got consent order from the court, On 23/3/18 Friday I supposed to pick up the girls from my ex but she said to me she is gonna take the girls friend birth day party & she said to me I can have the kids next weekend ( I was agree as I always compromise on those things) but when I texted message her couple of days ago about the girls pick up this Friday she said to me she is going to the family BBQ, I said to her I gonna pick the girls up this Friday , she said to me “ it have to be after the family bbq” Friday morning I get the text message from my ex saying , the girls are sick they have been throwing up since yesterday, I m not driving anywhere with the girls being sick, I spoke to one of my girl during the day but she was looking fine , her mum was telling her something from behind, I heard that, when I asked my daughter who is telling you something from behind she said my mum, I m pretty sure she took them to the family bbq instead of taking them to the doctor , if they are sick, she did not let talk to my others two daughters, I went to the pick up place on Friday & Wait there till drop off/ pick up time , I text message her before I left home that I m coming to pick the girls up,she didnot drop the kids off today ,when the drop off time past I left the place , I got all the text messages , my question is did she Breached the court order ? What do I do ? I m working full time paying child support, I very much involved in my kids life since they born, I can’t afford a lawyer, today my ex was telling me I Breached the court order last year & always does, when I asked her how I Breached the court order, she said last year I went to overseas for two months , ( to see my family) yes I went to overseas I told her about my overseas trip she didnot say anything to me & I was giving her extra money for that , & for one and half month I was pick up the girls on saturday ( instead of Friday) that was all Matual agreement between me & my ex, my question is , did I Breached court the court order for going to the overseas to see my family & not picking up the girls on Friday ( for work reason my ex knows that) please help me , Thanks in advance
NSW Does my ex Breached consent order or did i ?
- Thread starter Jazz786
- Start date
This is a question I seem to be answering a lot lately.
Court orders impose an obligation on the resident parent to facilitate a child's time with the other parent. They do not impose an obligation on the other parent to actually take that time to spend with the kids. The Court can't force a person to parent, it can only ensure they have an opportunity to do so.
So, no, you didn't contravene the orders by going overseas.
Illness, on the other hand, has never been accepted by the Court as a reasonable excuse to withhold a child's time with the other parent. Parenting doesn't stop just because a child is unwell, after all.
Is this just a once off? Are things usually fairly workable?
Court orders impose an obligation on the resident parent to facilitate a child's time with the other parent. They do not impose an obligation on the other parent to actually take that time to spend with the kids. The Court can't force a person to parent, it can only ensure they have an opportunity to do so.
So, no, you didn't contravene the orders by going overseas.
Illness, on the other hand, has never been accepted by the Court as a reasonable excuse to withhold a child's time with the other parent. Parenting doesn't stop just because a child is unwell, after all.
Is this just a once off? Are things usually fairly workable?
Thank you for the reply , consent order granted in 2015 ,yes I m seeing the kids since the consent order granted, she didnot let me see the kids during Xmas time , last time I seen the kids 3 weeks ago , I supposed to pick the kids up on 17 of march but she took the kids to birth day party ( I was agree with her) she said to me I can pick the kids up next week on 30 of March , on 30 of March she text message saying all 3 kids are sick , they are throwing up I m not going to drive anywhere with kids being sick, she actually took the kids to the family bbq, she text me on 28 of March saying Friday we are we are going to the family bbq, friday i supposed to pick the kids up but she didnot turn up @ the pick up point, what do I do ? She think she can do whatever she wants , she knows she can have the lawyer(for free) from the legal aid & I can’t afford the lawyer, she is on Centrelink last 25 years, she is very abusive , she verbally abuse me all the time @ the pick up point , they are always a lot of people’s around @ pick up point, it’s really ashamed when she start yelling @ me front of other people’s , now my kids start asking me why our mum abuse you the all time dad, i don’t know what to say to my little princess, please advise me what to do all in this satiation, thank you
