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NSW Family Court - Breach of Family Court Orders?

Discussion in 'Family Law Forum' started by daztay, 19 February 2016.

  1. daztay

    daztay Active Member

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    My ex de facto put a domestic violence order on me with false statements when it went to a mention I was given access for 5 hours a week as long as my mum is present. My solicitor rang the officer that served me to sort it out and when the officer rang them she informed their solicitor and instructed them not to show. That's a breach of family court orders.

    My question is, what happens when they breach the family court orders? My solicitor told me he will seek an emergency relisting at family court that week if they don't show but what will happen?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Just to clarify, did you already have parenting orders before the domestic violence order was made? Where are you at in these respective proceedings? Final orders or interim?
     
  3. daztay

    daztay Active Member

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    Had no orders until the dvo went to mention where the magistrate looked at some of the evidence I had and put a court order in for me to have access from 12-5 every Saturday but my mother had to be present.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Okay, I am still a bit confused, so please bear with me.

    A domestic violence order is a state matter, and state courts in New South Wales don't have jurisdiction over parenting matters because parenting matters are federal matters, thus can only be made by a federal court.

    The order you've described reflects a parenting order, but I'm not sure how it could be if a state magistrate made it in a mention for a domestic violence order.

    If what you have is, in fact, a parenting order from the federal circuit or family court, then what you have described does constitute a contravention of that order.

    However, if what you have described is a *provision* of a domestic violence order, for example "that the respondent refrain from coming within 100m of the aggrieved or the named child EXCEPT FOR between 12pm and 5pm on Saturday for the purposes of spending time with the child" (and I'm actually not sure if they generally make orders as such in domestic violence orders), then the mother would not be in contravention of that order by not enabling the child to spend time with you, simply because a domestic violence order does not impose parenting obligations on the aggrieved or the respondent.

    Does that make sense?
     
  5. daztay

    daztay Active Member

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    From what my solicitor has said this is a standing order that she has to abide by. For some reason my dvo went through a family and children's court.
     

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