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QLD Ex Contravening Family Court Orders to Skype with Children

Discussion in 'Family Law Forum' started by Marky71, 31 March 2015.

  1. Marky71

    Marky71 Member

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    My family court orders state that my ex must facilitate that my children chat to me on Skype every Sunday as I am overseas.This has not been happening and I have no option but to submit a contravention order.

    Will I need to return to Australia to follow through with this or can it be done overseas? From what I understand she would be served with the order and then a court date will be set which I would have to attend?

    Thanks
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Marky71,
    • What attempts have you made in getting your ex to facilitate the Skype conversations?
    • Is the requirement "to facilitate your calls with the children" a condition for your benefit, for the mother's benefit (e.g. to alleviate peace of mind) or to protect the children in some way?
    • Have you brought this issue up with your ex? If so, what was her response?
    You can certainly raise this with the court, however it appears to be a minor breach from what I read. If you are wanting to protect yourself against your ex challenging your compliance with the order, then you can protect yourself by making written letters to your ex (or emails) (i) pointing out the court order; (ii) asking her to facilitate the Skype conversations in the future; (iii) giving a time and date for the next Skype conversation (so she can plan ahead); and (iv) asking for her reasons for refusing to facilitate.
     
  3. AllForHer

    AllForHer Well-Known Member

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    I agree with Tracy B - while frustrating, the court would likely consider it a minor breach that may not be worth the stress or cost of court proceedings. As a further deterrent, contravention applications require a section 60I certificate, similar to initiating applications, so you would need to attend on a family dispute resolution conference to the discuss the matter, anyway.
     
    Tracy B likes this.

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