LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Family Law Consent Orders Issue or Extortion?

Discussion in 'Family Law Forum' started by Black Rabbit, 13 July 2015.

  1. Black Rabbit

    Black Rabbit Active Member

    Joined:
    13 July 2015
    Messages:
    10
    Likes Received:
    1
    My child is 13 and lives overseas with my ex-wife. Consent orders require he be sent to Australia twice per year for holidays. The child wishes to live in Australia with me but the orders provide for him to live with his mother overseas until age18.

    Recently my ex wife's lawyer contacted me and stated my ex would retain the child overseas and not permit him to visit me in Australia in contravention of the orders unless I paid a "bond" of $100, 000 prior to each trip to guarantee his return at the end of the holiday.

    My question is whether I should

    (A) wait until the holiday and if she retains him launch an application under The Hague Convention

    (B) approach the Family Court now with request for new orders specifically ruling out such a bond requirement, or

    (C) step outside the family law framework and go to the police asking they deal with it as simple extortion (if it is and if that is possible)

    Thanks
     
    Tim W likes this.
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    This is not an issue for state police to deal with because it's simply outside of their jurisdiction. A bond of $100,000 is also excessive, and the mother contravening the orders is also very serious.

    You should consider filing an initiating application with the court for new parenting orders because at 13, the child's opinion about care arrangements will be given weight. I would get legal advice for this situation, as the nature of current orders will impact how you go about filing a new application, and the fact the child lives abroad complicates matters, as well.

    Legal Aid offers free consultations and I very strongly recommend organising an appointment with them to discuss your options.

    Sorry I can't be more help. I would really hate to steer you wrong on this one.
     
  3. Black Rabbit

    Black Rabbit Active Member

    Joined:
    13 July 2015
    Messages:
    10
    Likes Received:
    1
    Thank you - I thought that would be the case. Do you know whether Mediation would be a requirement before I can make an initiating application?

     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    It is a mandatory pre-procedure step, yes.
     
  5. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,058
    Likes Received:
    124
    yep organise mediation. She won't attend. BUT it is a start. I'd also inform her that you expect her to comply with the orders and the orders say nothing about a $100 000 payment. I'd write back to the solicitor yourself and include a copy of the orders, etc.... If nothing else, it will cost your ex money to have the solicitor deal with this.... And maybe the solicitor will encourage the ex to play along with the orders.
     

Share This Page

Loading...