LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Family Court Orders - Children Refuse to Follow?

Discussion in 'Family Law Forum' started by Glenn, 15 October 2014.

  1. Glenn

    Glenn Member

    Joined:
    15 October 2014
    Messages:
    2
    Likes Received:
    0
    Hi. I was given sole parental responsibility of three children 12 and 10. The family court orders state 2 children are to attend the mother's home alternate Wednesdays and alternate weekends. The children have refused to go today and have stated they are not going again.

    Mother has sent Facebook messages to the children stating she is no longer living in the area, yet I know she is at her home where I deliver the children to. I have asked the children to attend the home and see if mother is there and if so then they need to tell her they are not going anymore. Is this correct as I believe the mother is trying to get me on a contravene of the orders.

    The children are constantly emotionally abused in her care and one child has alledged being punched by the mother's partner. Yes, police are involved and are investigating. I have to protect my children yet I also have to follow the orders. Please assist

    Thanks in advance.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Contraventions of orders can be excused where a parent has genuine fears for the children's safety. Basically, what would happen is that the mother would lodge a contravention claim to the court. You can respond and seek interim orders that the children's time be suspended (or preferably just supervised) until further orders are made. As always, you would have to show why it's in their best interests that this happen using evidence.

    The court can consider the opinions of children in these sorts of matters and will generally order the completion of a family report in order to determine those opinions.

    I would strongly suggest doing your utmost to encourage the kids to go. If they still refuse, contact a solicitor for legal advice.
     
  3. Glenn

    Glenn Member

    Joined:
    15 October 2014
    Messages:
    2
    Likes Received:
    0
    Thank you for the reply. Court report was completed hence why the children where placed in my care.
    The children did attend the home and they then chose to leave after a discussion with the mother. Mother is moving from the area, I am gathering due to her moving away the orders for access then are her own problem to seek new orders and not my problem. Thank you .
     

Share This Page

Loading...