NSW family court orders not followed

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

gms

Active Member
30 October 2020
13
0
31
my son's daughter is 2 years old court orders in place since January this year. she complied with orders in the main for 8 months . We havent seen her for three months now as refuses to comply it is possible that she has moved as well. very concerned. Best option for urgent action.
 

sammy01

Well-Known Member
27 September 2015
4,514
654
2,894
Things to do:
  1. ask cops to do a welfare check. They wont tell you very much but it is good to have on file.
  2. Get a 'event number' from the cops. Keep that piece of paper.
  3. If you have any means to contact her do so... Preferably via text and keep it polite.
  4. Give us more details - what do the orders stipulate and why have you waited 3 months?
  5. Get back into court asap. Doing nothing is implied consent...
  6. Seek make up time in orders for time lost.
 

gms

Active Member
30 October 2020
13
0
31
we ask how she is she doesn't reply. then messages you haven't asked about her..
she advised the lease is up and she is moving he has advised he doesnt consent to her moving no information about where she is going and when
prior to that at the start covid reason for no contact .. changeover were difficult..she would not comply resulting in my son being verbally abused each time and not willing to participate
she stated he wouldn't see her till mediation. we arranged private to speed up process she didnt participate she arranged her own however has not fulfilled this herself.. her usual delay tactics ..he has attended his intake. mediators advised him to obtain legal advice to obtain a lawyer. recommendation for location orders and enforcement rather than contravention.
 

Atticus

Well-Known Member
6 February 2019
1,526
218
2,394
court orders in place since January this year.
As the orders are less than 12 month old you do not need the normally required Section 60I certificate to apply to court.... If she is showing no signs of wanting to participate in mediation & a genuine attempt to resolve things, then I recommend he move immediately to file for location & enforcement.... Legal aid may assist if he qualifies
 

gms

Active Member
30 October 2020
13
0
31
thankyou it is distressing beyond words to be going through this again so soon. the lost time is also terrible and legal advice and action is so slow. we just want to spend the time with her we make no other demands and have adhered to everything with the orders there appears to be no retribution on the other side to date