WA Ex Not Following Family Court Orders - What to Do?

[CasKat]

Hi, everyone

My partner is coping it pretty bad because the mother of his child. The Family court has put in place several family court orders, all of which the mother is not complying to, such as:

• 2 phone calls a week (she refuses to let his daughter answer the phone)
• Attend parenting program (she's not even enroled)
• Temporary supervised visits (she's cancelled all contact after the first session).

It's now been 1 year and still no cooperation from his ex. Contravention and enforcement family court orders have not been applied for at this stage because his daughter is scheduled to attend a family court consultation session and our hands are tied.

I was wondering, given the ex's unwillingness to participate if there is a light at the end of the tunnel for my partner and his daughter in having any sort of relationship?

I'm 100% positive that even if the courts ordered any contact, the ex would not meet with him for changeovers (it's a 6hour drive and we are happy to drive and stay in their hometown for any type of visit)

Thank you

 

[sammy01]

Look, don't lose hope. The courts have reversed parenting, so the kid lives with the compliant parent. Family court magistrates also have the authority to impose a prison sentence, although they rarely do.

Just keep going and realise that eventually courts do a decent job. It can sometimes just seem like it is taking way to long, but sometimes I reckon the delays are so that each party has a chance to show their true colours. Good, she will eventually be held to account.

 

[CasKat]

Thanks, Sammy, it's just so exhausting for the both of us trying to get her to even just let a phone call happen

I hate seeing my partner look so defenceless and helpless in all this. He is a great stepdad to my son and an awesome father to our daughter and I don't want him to give up. I see a little bit of him die each time he tries to call.

If he rings at 6:01 she sends a text message saying "court orders state to call at 6:00. I do not have to answer anytime before or after".

 

[JS79]

Please look at seeking legal advice from your partner's previous lawyer or
See https://lawanswers.wufoo.com/forms/get-connected-with-the-right-lawyer-for-you to be connected to another local family lawyer.

You need to apply for an urgent application to change the orders currently on the table.

 

[CasKat]

His lawyers (very popular ones) keep saying their hands are tied because of the family consultant interview with the child. Personally, I don't like his lawyers. They don't seem to want to help, only take our money where possible (but my partner keeps saying he doesn't want to change lawyers).

 

[sammy01]

So let's look at the legislation
Parenting cases - the best interest of the child - Family Court of Australia

For your purposes, I especially like this bit:

• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.

Ok, so when he finds himself back in court and the magistrate asks how the supervised visits are going and your partner says that it didn't happen. And when the magistrate asks about the phone calls and your partner shows the magistrate the text messages. What do you think the magistrate is gonna say to the mum?

So just be patient.

 

[CasKat]

So let's look at the legislation
Parenting cases - the best interest of the child - Family Court of Australia

For your purposes, I especially like this bit:

• The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent.

Ok, so when he finds himself back in court and the magistrate asks how the supervised visits are going and your partner says that it didn't happen. And when the magistrate asks about the phone calls and your partner shows the magistrate the text messages. What do you think the magistrate is gonna say to the mum?

So just be patient.

Thanks I will try

 

[CasKat]

Ok, so the update for today is that the mum the dad and the child have all had interviews with the court's family consultant. The consultant has told the dad (my partner) that the alienation is too severe and the mum has admitted to saying to the child that the dad is a bad person (he isn't) and she (the child) is to have nothing to do with him.

The child now refers to the dad by his real name and wants to meet with him so she can tell him (dad) to his face how much she hates him and he is not to speak during the session.

 

[AllForHer]

How old is the child?

 

[CasKat]

She's 9 turning 10 in June.

The counsellor said my partner should prepare himself to never see his daughter and not to get his hopes up on a positive outcome

How old is the child?