NSW Family Court Orders Contravened by Mother - What to Do?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Brandon Taylor

Well-Known Member
11 July 2017
42
3
124
Hi.

A little background on my case. In May 2015, family court orders were made by consent through the Family Circuit Court of Australia. Since these orders were made, the mother has contravened and manipulated the orders on 252 different occasions - my partner and I have been keeping records.

These contraventions include but aren't limited to, withholding the child for 6 months in 2016, threatening to withhold the child on every occasion since then, refusing to travel anywhere other than 5 minutes from her house (whilst I travel 16 hours+ one way!), refusing to allow privacy during conversations, refusing contact, speaking poorly of me and my partner in front of the child and even going as far as telling the child to repeat what she has said, refusing to agree to any dates suggested, moving the child to rural QLD without notification or consent and many more! She has broken at least 13 different areas of the court order on many different occasions.

I have recently filed a contravention case stating all accounts with text messages to prove 85% of the contraventions occurred, the mother was served these documents on the 30th of June. Since this, communication with the child has been fine with contact made on regular court appointed days etc.

Last night, my child (5 years old) told me and my partner over the phone (whilst on loud speaker next to her Mother) that "Mum said she will never ever speak to you again after what you gave to her the other day" and "You shouldn't have done that, you shouldn't try to make her upset". It is clear that my ex has been discussing this around or even to my child and I am concerned that my daughter now thinks I am doing something wrong and that I am at fault.

I have requested dates for the September holidays (I am meant to have my daughter for 11 days each holidays + 4 make up days from the June holidays just passed) and my ex will not respond to or even acknowledge the dates I have suggested.

The date of the contravention hearing is the 12th of September and the QLD school holidays start on the 16th. So dates need to be sorted prior to the contravention hearing however I don't know what to do because I know she will not respond.

Any help would be appreciated.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Wait and let the court deal with it.
 

Brandon Taylor

Well-Known Member
11 July 2017
42
3
124
I can't really wait for the court to deal with it... I have to make arrangements with work (as I am a contractor I do not get paid leave). I will have a 7-8 week old newborn with family coming down from QLD to visit the new baby.

My parents have offered to either pick up my daughter or drop her off but they also need to organise their travel arrangements around the dates with my daughter. I have requested that the mother respond or advise on how I am able to communicate with her regarding dates with again, no response.