Is there a time limit on a breach of orders? If a party relocates, do I have some sort of time to have these before the family court? Can it be months after or is it at the time ?
NSW Family Court - Time Limit on Breach of Orders?
- Thread starter Lostincourt
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- family law
There is no statute of limitations in family law proceedings, but for outcome purposes, time is of the essence. The longer you wait, the more settled the child will become, the more likely the Court is to accept your lack of action as implied consent.
Thanks. What about breaches for visitation or lack of? Can I go back and breach for months? Or just recent?
Nah she hasn’t moved. I gave verbal permission but then decided not to let the move happen so nothing is in writing. I have orders on agreement, so she needs to agree to everything.
I missed a visit she organised at Xmas. Now she is back to wanting a contact centre. I’m wanting to breach but not sure if I’ve left too late or if I can. She wants drug testing before unsupervised contact.
Nothing in the orders about supervision or drug tests. She just won’t let me see my kid at all with out the centre.
I missed a visit she organised at Xmas. Now she is back to wanting a contact centre. I’m wanting to breach but not sure if I’ve left too late or if I can. She wants drug testing before unsupervised contact.
Nothing in the orders about supervision or drug tests. She just won’t let me see my kid at all with out the centre.
So why did you miss the xmas visit? Her choice or yours?
It is a pain... As a primary carer I have to provide the kids... Even if the ex misses a visit, that doesn't mean the orders expire.
So my ex has failed to show... I drive 3 hours one way to drop them off.... She wasn't there and when I called her, she argued that I had the dates wrong... I drove home with the kids. Sure she could have filed a contravention but I had the right dates...
Again more info needed... If you failed to show for Christmas visit because you were high on ICE then best to avoid court... If you missed the visit because she refused access and is now insisting on drug tests and contact centres then go to court....
It is a pain... As a primary carer I have to provide the kids... Even if the ex misses a visit, that doesn't mean the orders expire.
So my ex has failed to show... I drive 3 hours one way to drop them off.... She wasn't there and when I called her, she argued that I had the dates wrong... I drove home with the kids. Sure she could have filed a contravention but I had the right dates...
Again more info needed... If you failed to show for Christmas visit because you were high on ICE then best to avoid court... If you missed the visit because she refused access and is now insisting on drug tests and contact centres then go to court....
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