SA Family Court Orders - Ex Refusing Access to My Son - Recovery Orders?

[scott1]

My ex has breached family court orders by refusing access to my son as set out. My lawyer is applying for a contravention and recovery orders. With the recovery order, does that mean my son will be returned to me to live? Do I have to abide by the orders and return him? What if she refuses access again?

Cheers

 

[AllForHer]

Does the child ordinarily live with you, or does s/he ordinarily live with the mother?

 

[scott1]

my son lives with the mother and i have him weekends, she refused to drop him off on the last week of school holidays and her reasons for doing so can be proven false

 

[AllForHer]

A recovery order won't be for the child to live with you, then, it will be to have the care arrangements reinstated such that the child recommences spending time with you. You do have to abide by the orders at all times, even if she doesn't. Following the correct avenues for settling disputes will prove more favourable for you in the long term than if you were to execute vigilante justice and just keep the child in your care permanently.

If she refuses access again, you can file a contravention order and possibly another application to have the orders changed, but the court has powers to change orders anyway in contravention applications.

 

[scott1]

thank you for that, a contravention order is being lodged at the same time as the recovery order, i have never breached the orders or plan to do so