NSW Ex Withholding Sick Children - Breach of Family Court Orders?

[Bill1979]

Hi there,

It is my weekend with the children coming up and my ex has written to me stating that the children are sick and given a medical certificate to say that they cannot attend drop-off as they need to stay at home.

I called the doctor on the medical certificate and he said that it was fine for my children to stay at a different house as long as they are given plenty of fluids and watch their temperature. I am perfectly capable of looking after my own sick children so I am questioning whether if she does not turn up at drop-off if this can be considered a breach of the family court orders and contravention orders application can be filed?

 

[Bill1979]

I should include that this is the second week in a row she has witheld them for various reasons. If she does not show up this weekend I would not have seen them for a month.

 

[Rod]

Do you have court orders? If so, how long ago did you get them? Do you have a new woman in your life?

If you have court orders, it is likely she is breaching the orders. I'd be asking for catch up time and see how that goes. If she proves intransigent and you have court orders I'd be thinking about filing a contravention.

Make sure you keep you own notes - but keep then factual, not emotional, in case you need them for court.

 

[Bill1979]

Yes, we have court orders that were set up over a year ago. I recently had to take out an AVO against her father as he assaulted me, so I'm not sure if this is related to that, as that was when she started to withold them. She told me that I'm having next weekend instead as I know she wants to switch weekends as if she wants mothers day without having to request it from me. The point is is that I am perfectly capable of looking after the children and she cannot keep using excuses as a means to withold them.

 

[AllForHer]

Common illness has never been accepted by the Court as reasonable grounds for contravening a parenting order by withholding the child from the other parent. She would be in contravention of the orders.

 

[sammy01]

Contravention? SURE.. Worth taking to court? HELL NO... Not yet anyways.
- What is written on the Dr's certificate. Word for word - except for names etc... Unable to travel? unable to visit dad? WHAT? exactly?
Do the orders not stipulate anything about mother's day/ father's day? Mate I don't think that one is worth fighting. There is this cool thing they invented recently called 'good will' stopping a kid spending time with mum on mother's day is not good will. Why not give it a go and hopefully it will take off..

I'd be writing a very carefully worded letter...
Dear ex,

This is the second instance where the kids have not spent time with me as per the court orders. I would like to propose that I have 2 additional weekends over the next few weeks as make up time. Do you agree? If so I would like to have the kids on (insert dates)

I have noticed that mother's day falls on a Sunday when the kids are meant to be with me. I'd like to propose that I forfeit that weekend and that in the event that the same thing were to happen down the track on Father's day, you would agree to do the same. Do you think this is a fair solution?
Kind Regards
blah blah.

 

[thatbloke]

I agree with what Sammy says technically the kids being a bit sick is not a good enough reason to not send them to you but if you went to court on that you would be wasting your time.

If this is a pattern that continues though it is a different story and you should get back into court ASAP

Putting your ex on a notice that this is unacceptable but being very careful how you word it to not include the fact that you think the kids being sick and not being able to travel is acceptable is the way to go

Be very careful how you word what you write

 

[Bill1979]

Hi there,
Yes if course I would let her spend time with the children on mothers day, but unfortunately yes, this is a pattern that is occuring. I have requested additional time on my sons Birthday, christmas, my birthday, easter etc which have all been refused, so the goodwill I extend is never reciprocated. There is a clause in our orders that I must prove that I am still located in the same area as my children that my lawyer put in as I moved from QLD to NSW as she unilaterally moved with our children to NSW. I have provided my property agreement though they are still disputing that I live there and are also refusing my time be more frequent because of that. I have provided evidence to show that I am located in the area though they are contravening the orders on those grounds as well which is why I wanted to lodge a contravention order not just for one breach but for multiple as the same thing occured last year when I first moved down.

 

[Rod]

File now. It appears obvious based on your last post she has no intention of abiding by orders when she doesn't want to.

I agree goodwill only goes so far, after that you appear weak and a pushover.

 

[sammy01]

Can you write your orders word for word... Take out names and locations.
Do you have a solicitor?
Does the ex have a solicitor?
Did you get the kids this weekend?
What is on your drivers licence?

Look you want to avoid court. Maybe a nicely worded letter to the ex as mentioned above. BUT add a bit..

I have provided my rental agreement to demonstrate that I am currently living in XXXXX. However, you have not acknowledged that I am indeed living in XXX. Can you please tell me what documentation you would like me to provide and I will endeavour to assist. Can you please explain why the property agreement that I provided is not adequate to demonstrate to you that I am living in XXX...

Mate all you can do is try. Send it all via email so you have a solid paper trail if this has to go back to court.