NSW Ex seeking breach of orders

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Kyl

Well-Known Member
25 July 2016
33
2
124
hi
We have consent orders agreed on last minute on the doorstep of a trial that were put in place about 2.5 years ago.
My older 2 kids were estranged from me by my ex so remained living with him. My youngest had an ICL who recommended that I have sole parent responsibility and he spend time with the father every 2nd weekend and 1 week in each school holidays. In short the ex finally realised he would lose the trial and we signed consent orders. 9months ago my ex threw my older 2 kids (now 15 and almost 18) out of the house and they returned to me. My eldest has no contact with him. My 15 after 8 months with me 100% went to see her father and was talked into going back to him. She now is 50/50 with us both and her father did not communicate anything with me about thIs. Now my youngest is 11. His time has been pretty routine as per our consent orders from my part, his father often holds him late or doesn’t turn up for the birthday times etc that he has access for. This holiday period i was ready to take my son to the changeover spot and as we were leaving the house he just stopped and refused to go. It was a blanant ‘I’m not going to that house anymore, I’m not talking about it I don’t want to go!’ I was shocked as his father had been pushing me to agree to 50/50 which isn’t in my sons best interest due to his father history of exiting the kids and he has done this to the youngest before as well. I made it clear that I don’t feel that is best for our son just now. My 11 knows that once he is well into high school then if he can have a strong say in this and his voice will be respected by me. I made my 11 ring his father and talk to him about not wanting to go to his house for the holiday week, his father didn’t react well and blamed
Me and called me the usual bad parent type names. My 11 is still refusing to go to his fathers despite me trying to encourage him to do so. He now gets cranky at
Me for trying to change his thinking about this and has asked me to talk about it no more. My ex is now ranting mad at me. He called the police on me and said my son is in danger and is alone. The police rang me and I confirmed that he is fine and I’m completely normal. They said my ex was blowing his top about my son refusing to go. I told the police that he is almost as tall as me now and I couldn’t physically force him to go even if I tried. The police said I’m not allowed to physically force him and advised me not to try this which I wouldn’t anyway. My ex now says he is going to take me back to court which leads me to my questions.
1. What sort of wait would there be before his application gets in front of a judge?
2. If my son keeps refusing to go even though he is 11 what will the judge likely do?

Technically I could be breaking orders but I’m not doing it deliberately, my son has got to an age where he wants some say. I don’t Think he doesn’t want to see his father I just think he wants to be able to have a bit of a say in when if it’s school holidays. His friends have become an important part of his world and mum and dad aren’t always his highest priority so to speak.