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QLD Family Law - Breach of Final Orders?

Discussion in 'Family Law Forum' started by Smiley40, 18 February 2016.

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  1. Smiley40

    Smiley40 Active Member

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    Hi I have the following questions:

    I have final orders that state that if no agreement is made then the father should have at least one occasion per month for a period of up to 28hrs with the father to give one week's notice by email. My question is:

    1) the one week's notice has been given and I have been informed that the visit will not be taking place because of other visitors (this is the last weekend of the month that matches up with children's education). Is this a breach under Family Law?
    2) how do I go about making a breach?
     
  2. AllForHer

    AllForHer Well-Known Member

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    If you've given notice, and there's no provision for the mother to refuse that time to you, then yes, it is a contravention of the orders.

    You can file a contravention application after the contravention takes place. If the mother has a lawyer, however, I would suggest contacting them first and politely informing them about the situation and your intentions, just so the mother has an opportunity to change her mind.
     
  3. Smiley40

    Smiley40 Active Member

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    There is no provision for the contravention - it states if both parties cannot agree/ we have hit a stale mate - she wishes to exchange my once a month visit (and restricted access- due to her wishes) for visitors that can visit without restriction (ie they can see the children whenever)
     
  4. AllForHer

    AllForHer Well-Known Member

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    Then yes, I would argue that would be a contravention. My husband's ex-wife tried the same sort of thing - she refused holiday time because she felt her plans should override ours. The judge said to her that the orders required him to give her notice; they didn't require her to give her approval.
     
  5. sammy01

    sammy01 Well-Known Member

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    Yep, it is a breach. What to do? Nothing.

    I hate this. Why do nothing? Well, is it worth the expense of filing a contravention? Nope, I don't think so.
    But you could write her a letter explaining that you want to make-up time and give the dates for the next visit plus the make-up time.

    Just to scare her, you could write something about that she has breached the orders and you'll be relying on correspondence as evidence in the event that you're forced to take further court action down the track.

    Mate, short version is that it ain't worth it and I'm sorry to be writing that. But if it continues, then it would be worth the effort of court.
     
  6. Smiley40

    Smiley40 Active Member

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    It's free to file a contravention in QLD? Can't police collect kids as she is only 100metres from drop off point? If I let it slide, it will continue to get worse.

    My court orders ought to be framed cost 50k in representation over three years. A grade narcissist who is somewhat hypocritical. The time with the children cannot be replaced. What is one visit a month really?
     
  7. AllForHer

    AllForHer Well-Known Member

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    State police can keep the peace - intervene in a domestic dispute, etc - but they can't enforce parenting orders because parenting orders are a federal matter and therefore outside of state police jurisdiction. Only the AFP can enforce parenting orders, and that's only if a parenting order explicitly orders them to do so.
     
  8. sammy01

    sammy01 Well-Known Member

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    It might be free to file the contravention (but I think there is an admin fee). But it will cost you to have legal representation, or you could self-represent. But even then, all a magistrate will do is give a warning.

    But if you establish a history of not following orders, that is gonna make it worth your while...

    Just out of interest why is your time so limited?

    Look my thinking goes that you should write to her and say you want such and such dates for your next visit and you want such and such dates as make-up time for the missed weekend. See how that goes.

    Yep, I know it ain't gonna work but you're establishing a paper trail to show to a magistrate that shows that you're trying to be reasonable and that the ex is the problem...
     
  9. Smiley40

    Smiley40 Active Member

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    Time is limited due to them living 8hrs away. She moved and maintains being difficult at this stage the children are very young. If I were to relocate, it is every second weekend half of all school holidays and alternate Friday's.

    Due to the distance, it's not possible to do continuous 16-hour round trips nor is it in the children's interests. I also have a lot of debt left from the marriage so I am working to ensure my kids have a better life than one with the mother sitting on Centrelink.
     
  10. AllForHer

    AllForHer Well-Known Member

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    I'm inclined to agree with sammy01 regarding filing. Don't jump the gun and file a contravention application as your first port of call. You're better off establishing a history of trying to be reasonable. Give her notice now for two care events in the next month to make up for time lost the month before. If she refuses to co-operate, organise a family dispute resolution conference to discuss changing the arrangements so care time with you is more definite - every third weekend, for example.

    If she refuses to co-operate and you still haven't been able to spend time with the kids while you've been bending over backwards to make it work, then file a contravention application. You'll be able to show the mother can't follow orders, and you'll be able to show that she's unwilling to support the kids having a meaningful relationship with you.

    Document, document, document, and get everything in writing.
     

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