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SA Family Court Orders re Children - How To Deal With Contravention?

Discussion in 'Family Law Forum' started by Cupcake, 1 January 2015.

  1. Cupcake

    Cupcake Well-Known Member

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    Hi all.
    Our family court orders regarding children state to provide an updated address to the other party at all times. My ex has moved, but refuses to disclose the new address so I have no idea where my child is in his care.

    Can I refuse access until he provides an address? What are my options in family law? I don't fancy going to court for something so petty. I just want to know where my child is when not with me.

    Thanks.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Cupcake,

    If you really don't want to get lawyers involved or have to go to court over this, I would consider family dispute resolution, through a community based provider.

    However, penalties may be imposed on parties who contravene parenting orders. Perhaps you could write a letter to your ex setting out the course of action you propose to take should he refuse to provide information about his address as required by the court order. I.e. 1. community dispute resolution. and if that fails 2. applying for a court order.
     
  3. Cupcake

    Cupcake Well-Known Member

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    Thanks Sophea
     
  4. AllForHer

    AllForHer Well-Known Member

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    Additionally, I would advise against withholding access while you don't know the address. The court doesn't tend to favour parties that use child access to (for lack of a better term) "get what they want", in this case the address of the other party. Doing so, I assume, will place you in contravention of the orders, but "because he contravened first" is not a reasonable excuse for doing so, and withholding access tends to be seen as a more serious contravention than most others. It's very important that you not fight fire with fire. Sophea's suggestions are very good ones. :)
     

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