QLD Ex Contravening Family Court Orders to Skype with Children

[Marky71]

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

 

[Tracy B]

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.

 

[AllForHer]

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.

 

[Frank2309]

Hi Everyone,

I just found this chat, this is great...

I want to say thank you ahead for anyone who can help me as I cannot afford a lawyer anymore. I am in the same boat like Marky71! The orders state that we should "Skype" twice a week...My ex refuses to do so and claims she has no internet. She offers to FaceTime instead knowing that that is an apple only form of communication and that I do not own an iPhone! And of course, FaceTime also requires internet so that makes no sense!

I have the application for contravention ready but maybe the judge will be like come on now don't go to court over that BS?

Anyways...sometimes she doesn't pick up at all even over FaceTime if I borrow an iPhone... Sometimes she even doesn't pick up but then sends me an email at the time while I am calling like "hey why are you not calling, you are such a terrible father," even though I do call?

Does that make sense? Playing games you know? I don't understand how she can even look in my son's eyes when she is trying to alienate the father from him

Anyways...my question is: Leave it with the contravention application or go through with it? I am gone for work for 5 weeks in Europe...

 

[sammy01]

Just checking...
A) you live in Australia? So you usually spend time with the kids in AU? But you'll be away for 5 weeks?
Or
B) you don't see the kids except maybe during school holidays and skype is your only chance to maintain contact?

If it is option A, I don't think it is worth it. All the stress and money spent going to court for the ex to be told she is a naughty girl... Big deal. Basically, the courts won't fine her, won't punish her and she will have learnt that she can indeed get away with it. So play smart, send some postcards from Europe, tell the kids on the cards that mum knows how to contact you if the kids want to talk. Chances are she will lie and say the cards got lost in the mail. Basically, think it through, learn to play the game differently so you're not having to deal with her BS...

If it is option B - sadly, I reckon the same help applies.