NSW Have I Breached Family Court Orders?

[Rod]

Examples of wording from AG department illustrating orders which create different obligations:

The child shall spend time with [Parent A] as follows :… ->> This order creates an obligation on Parent B to provide the child, but not necessarily an obligation on Parent A to exercise it.

The parties shall take all reasonable steps to ensure that the child spends time with [Parent A] as follows :… ->> creates an obligation on Parent A to spend time with the child (as well as an obligation on Parent B to provide the child)

Hence my request for the OP to post the wording and why good lawyers are needed to propose orders that represent the wishes of at least one of the parties.

Whether courts adopt the strict letter of orders or take a more practical stance - I don't know.

FYI - I don't consider Legal Aid sites to be authoritative when discussing legal information. Information was probably written by a law student and checked by an overworked legal aid lawyer.

 

[sammy01]

I have never seen orders that say anything like the idea that a failure to follow will make the orders void.

OP - get another job... I know, I know, not that easy. But in the mean time. Just sit tight...

Look I don't think it is worth applying to court until you're back in the country and she denies access. You might find once you're back on Aussie soil, she will play nice...

Alternatively, do the court application 2 months prior to returning, so you can get the papers served on her prior to your return... That might motivate her to play nice once you return.

 

[AllForHer]

FYI, Rod, go practice your legal research skills and search Austlii yourself. If you can find me a single case where the Court *has* upheld a positive obligation for a non-resident parent to spend time with a child in accordance with court orders, I'll eat my words.

 

[Rod]

I have never seen orders that say anything like the idea that a failure to follow will make the orders void.

Depends on the orders, but some orders evidently allow an application to be made for a variation if orders are not being followed. Overcomes the Rice v Asplund hurdle.

Rod, go practice your legal research skills and search Austlii yourself

My research skills don't need practice and my comments are not about proving you wrong. My comments have been about what the OP may be able to do, and that depends on the existing orders which neither of us have seen.

I pointed out I prefer to read the orders in this instance because of the way the OP framed her first post before I make a comment. This is not unreasonable, especially considering the information I posted about a 'spend time with parent' having a positive obligation, and that some orders allow for variations as per s 70NBA FLA.

 

[sammy01]

Kiddies, play nice... How is any of this helping old mate? If you two want to take it outside go for it... But you're not helping...and your banter is completely off topic of what old mate was asking.

Old mate. The ex is entitled to not follow the orders if there are reasonable grounds. You being OS is not reasonable grounds for stopping phone contact. But is it worth a court application for a contravention? Probably not. You are entitled to cease your weekend time if you have reasonable grounds. Working OS is gonna be reasonable...

So when you get home, ask for time to be resumed... If she says nope - you're gonna have to spend money on solicitors to take it back to court... Or learn to self represent... This site is good at helping with that and there are a few other good resources about that can help.

I do have another option available for you to consider. Contact the solicitor you used to get the court orders. Ask them to write a sternly worded letter to the ex. It will cost about a grand or so. Might help, might not... But at least you will feel a bit better for the effort.

I hope you have every success at re-connecting with your daughter when you return...

 

[Rod]

We are helping by discussing the ability of the OP's ex to go to court for a contravention. And without seeing the orders we just don't know.

The OP may well have to file his own contravention if access is being denied. Diarising all contact/attempts will be important.

 

[sammy01]

Nope Rod, you're not helping... He has already said that when he gets home he expects things will go back to normal. So whether or not parent A or B have any obligation to facilitate time doesn't matter. You and allforher are arguing a moot point.

Old mate - get home. If the ex doesn't resume the court ordered care arrangement, get back on this site for help in how to file a contravention without paying a solicitor. Just for fun, offer to take the child for some additional time (if you can) as make up time. If ex says no, then forget it...

But I'm afraid your options are severely limited as far as doing anything about the ex refusing phone contact. Just not a fight worth having in my world.

 

[Rod]

Me - wrong ??? Have you confused me with someone else?

While the OP has said he expects everything to go back to normal once he is back, his initial post indicates a concern this may not happen.

He subsequently expressed concern his daughter will forget him he doesn't remain in contact while he is overseas.

My posts were directed to his first concern and whether the ex had any grounds to change the orders based on his failure to pick up his daughter as per the orders. I have said, and reiterated the fact, that we can't tell because we haven't seen the orders. Not sure of your use of the word 'moot' which has a couple of different meanings. While our discussion introduces uncertainty, our point is not of no relevance, it is information that goes directly to the OP's initial concern. I'd not like to offer an opinion that says he has nothing to worry because the ex won't get orders denying him access to his daughter. At issue is whether he can change anything while being overseas. I don't know. If his ex does apply for a change of orders the court's processes should give him the opportunity to respond. I don't see a judge making long term ex-parte orders based on the limited facts we have. But who really knows? Some strange decisions appear to emanate from courts at times, but this is not helped because unless we are sitting in the court looking over the judge's shoulder we sometimes don't ever really know what prompted the decision made by the court.

 

[thatbloke]

Orders impose an obligation on the resident parent to facilitate care time. It doesn't impose an obligation on the non-resident parent to take up the opportunity to have that care time.
.

Spot on, although unreasonable no contact could work against you if you try to resume contact.. going overseas for work is not unreasonable IF, you let Mum know and offered some kind of something whilst you were away, even if its just the calls

 

[Peter_P93]

Apologies for not weighing in, not always able to jump on and check...Ive just tried to FaceTime call, only to be told my little girl is not available... yet I can see her grandmother tell8ng her to shhhhh in the back ground...
So, I’ve responded to her solicititors letter, basically stating that I have not contravened any orders, that I have tired to maintain communications in orrocrdance with the orders, and have only met resistance, I’ve requested the soliton request communications to start again. We will see what happens. Obviously if the orders and subsequent letters were available for each of you to read it would most definitely allow a more direct reply, but I really do appreciate It, not only the informative advice, but also the based on my experience statements.