ACT Family Court - Psychological Impact of Ex Breaching Parenting Orders?

[goodgravy]

Hi there,

The parenting orders between me and my ex state that neither party is to discuss relocation with our 3 kids. For the last 8 years, my ex has consistently ignored this and discussed at length her various plans to take the kids interstate with her. There have also been smaller breaches like not going halves in school stuff, not paying for things, etc.

My understanding is that it's not really worth following up these contraventions as they're kind of trivial and the family court doesn't look kindly in wasting time with this stuff. What are folks' opinions here?

I don't really care about the other stuff but the psychological impact of discussing taking the kids with them has and is taking its toll.

 

[AllForHer]

Not worth a contravention order at this point, especially if it's been happening for 8 years. If she actually does it, though, then you have a problem.

 

[goodgravy]

Theres current orders that say that they live with us if she's not in town.

 

[AllForHer]

Still the same recourse as always, but the Court will give more weight to the kids' opinions now that they're older. If they say they want to stay living with the mother, then they'll probably be given orders accordingly.

If she leaves with the kids, though, I'd commence it as a contravention order and let the Court decide how to handle it. It may just leave the orders as is and order the kids be returned to live with you in accordance with existence orders, but the Court does have the power to change existing orders as a result of a contravention order.