NSW Family Court - Partner's Always in Breach of Orders?

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Shazza

Member
26 February 2018
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Not sure where to start...

My partner had parenting orders in place, since May 2016. His ex had the children 8 nights, he had the 6. His whole life revolved around this as his is an interstate truck driver.

After a phone call in Sept. 17 from a friend of his ex saying “she has just given xxx a sleeping tablet instead of a maxilon”, alarm bells rang...

Long story short - we tried to get her help. She is a full blown alcoholic, but fully functional. My partner took her to a clinic appointment at 11am where she blew .305 six times over the limit. So he has the children full time, unable to work, about to go bankrupt.

But every time we walk into the family court room, the judge is all for her... She has supervised visits with her children but continues to breach orders...but the judge doesn’t care....

Where is the fairness?
 

AllForHer

Well-Known Member
23 July 2014
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It's not about fair.

It's about what's best for the kids.

What are you wanting the judge to do, exactly? What orders are you seeking?
 

Shazza

Member
26 February 2018
4
0
1
As soon as we walked into the court... The judge asked if she has been drinking. “Yes” was the answer...

The judge turns around, tells her she isn’t getting the kids back, but when suits you to see them...

My partner is an interstate truck driver... He is unable to work, as he is looking after his children. He has worked 2 weeks from 8. He is about to go bankrupt...

I have recently had to relocate to the south coast, due to health issues. I own my own house. He wants to relocate with his children. He can find work, that means he will be home every afternoon with us...

How do we get the judge to listen?
 

Shazza

Member
26 February 2018
4
0
1
As soon as we walked into the court....
the judge asked if she has been drinking “ yes” was the answer...
The judge turns around, tells her she isn’t getting the kids back, but when suits you to see them...
My partner is an interstate truck driver...
He is unable to work, as he is looking after his children... when he does work the kids are with a career.... he has worked 2 weeks from 8.... he is about to go bankrupt...
I have recently had 2 relocated to the south coast,, due to health issues, I own my own house. He wants to relocate with his children,,, he can find work, that means he will be home every afternoon with us... how do we get the judge to listen???
We are willing to take the kids up every second weekend, where she can have supervised visits...
 

AllForHer

Well-Known Member
23 July 2014
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684
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Forgive me, but what is the relevance of dad's choice of work, here? Insofar as I can tell, the main complaint seems to be what a burden it is for dad to have the kids...?
 

Shazza

Member
26 February 2018
4
0
1
Forgive me, but what is the relevance of dad's choice of work, here? Insofar as I can tell, the main complaint seems to be what a burden it is for dad to have the kids...?
sorry.... it’s so hard to say what is really happening.....
The original court orders, were mother had boys 8 days, father 6 days....
So he would work 8 days... was home for 6 days, to look after the kids....
But now he has them full time he can’t work,,,....
Without his interstate work, he can’t pay his mortgage or bills, as everyone, he needs to work,.... he can’t find local work in his area...
If he moves, he can be home every night, otherwise... the kids will be with a career 5 nights a weeks...
 
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