NSW Ex Breaching Final Orders - Writing New Orders?

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BLT 1981

Active Member
22 July 2017
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Hi Forum

Thank you for your help so far and I am hoping you can help again. My ex has started a new application in the Federal Circuit Court less than a year after we got final orders. She does not agree with the orders so wants better ones to suit her. She is currently breaching the orders and I have not seen the children for over 5 months.

Yes it is unfair, everyone can see it, however, she has a legal team that plays with the words so it needs to be rock solid. I would like to say the following in a legal way in my response under orders:

"Any lost time for any reason will be added to the next handover that occurs during school holidays or the next available weekend submitted by the father".

As I said the other parent keeps breaching the final orders and I would like to get my make up time added to the 1 weekend I have a month or to the holidays I have with the children.

Is there any particular Family Law or Case Law I can reference?

Thanks in advance for your suggestions and help.

Much appreciated
 

Migz

Well-Known Member
20 November 2016
325
43
719
(52) Make up time for either parent is to be of equal time to the time that is lost
originally, this make up time must be allowed to be carried out during the following
week in which the time was lost, and must abide by the directions as outlined in point 8
of this order.

Point 8 is the pick up and drop off points
 

Corinne

Well-Known Member
31 October 2015
117
5
389
My understanding of family law is that you can't reopen cases to change orders when it suits. One needs to meet the Rice and Asplund rule by citing a significant change in circumstances to warrant the case being reopened.

What's her reasoning?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
So, your first argument should be that her case hasn't surpassed the Rice & Asplund threshold and should therefore be dismissed.

And concurrently, you should file an application for a contravention order against the other parent.

As for your actual question, the above response from Migz would probably suffice.
 
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