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NSW Family Law - Applying for Contravention - File Interim Order Also?

Discussion in 'Family Law Forum' started by RosieR, 6 January 2016.

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  1. RosieR

    RosieR Active Member

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    I am filing an application for contravention due to multiple breaches of final orders for child contact. The breaches mean that I haven't seen my children in 15+ months.

    Do I also file an application in a case for interim orders under Family Law?

    Kind regards
     
  2. Gary Huddleston

    Gary Huddleston Active Member

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    Hi Rosie,

    Good luck with this. My ex breached the orders immediately before the ink was dry. She has breached now 83 times.

    I filed a contravention application in July 2015. Following hearings in August, September, November the Judge has refused to read or hear the application until the final hearing in March 2016.

    Since the application in July, my ex has continued to breach the Interim Orders.

    File your application for Contravention and ask for a hearing date. File for Amended Orders in Case. Let us know how you go. It's quite annoying as the "Lawful Excuse rule" means that you may be able to easily prove there was a breach, but the problem is arguing did they have a lawful excuse to make the breach.
     
  3. sammy01

    sammy01 Well-Known Member

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    Surely once there are 83 breaches, the ex can't have excuses for all of them. Can you both let us know how you go?
     
  4. AllForHer

    AllForHer Well-Known Member

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    RosieR, if you're seeking to have the existing orders amended, you can file an Application in a Case, but the court can change existing orders where a contravention has been found without reasonable excuse anyway. Rather than complicating the matter with an application in a case, it might be better to just see how the court handles the contravention application first.
     

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