NSW Family Court Orders - Children Refuse to Follow?

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Glenn

Member
15 October 2014
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0
1
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.
 

AllForHer

Well-Known Member
23 July 2014
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682
2,894
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.
 

Glenn

Member
15 October 2014
2
0
1
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.
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 .