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:

QLD How to Have Family Court Orders Upheld?

Discussion in 'Family Law Forum' started by AGNES JOSIE, 8 August 2016.

  1. AGNES JOSIE

    AGNES JOSIE Active Member

    Joined:
    8 August 2016
    Messages:
    6
    Likes Received:
    0
    I have a stamped copy of family court orders under the Family Law Act 1975 between my ex-wife & myself. I would like to know what the process is to have this court order upheld?

    Thanks
     
  2. Timnuts

    Timnuts Well-Known Member

    Joined:
    7 April 2016
    Messages:
    28
    Likes Received:
    3
    So do I, bro. I need this as well and she also has for me with domestic violence, emotional and physical abuse and I have financially already spent 70k in lawyers and I have run out of money.
     
  3. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,064
    Likes Received:
    126
    How / why are they not being upheld?

    You could apply to court for a contravention hearing.
     
  4. AGNES JOSIE

    AGNES JOSIE Active Member

    Joined:
    8 August 2016
    Messages:
    6
    Likes Received:
    0
    Visitation rights have been cut back to only a few hours once a month. Is it expensive to apply for a contravention hearing
     
  5. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Have you considered self-representing? A contravention application isn't terribly complicated - this is what the orders state, this is what's actually happening, this is what I want the Court to do about it.
     
  6. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,064
    Likes Received:
    126
    How much time are you meant to have according to the orders? How much time are you actually having? Has a reason been given?

    What are the arrangements for pick ups drop offs? How is the ex restricting your access?

    Please give more info and you'll get better answers.
     
  7. AGNES JOSIE

    AGNES JOSIE Active Member

    Joined:
    8 August 2016
    Messages:
    6
    Likes Received:
    0
    Supposed to have him every second weekend, 1/2 of all school holidays, Father's day, shared on birthday and Christmas. Lucky to have him for 4 hours a month - this just depends on the mother. She keeps him busy with sports and seems to have him organised to do something whenever I try to arrange to see him.

    Supposed to be equal share of pickup and drop offs, however, I always collect and take home. Have just recently been to family relations - this seems to have made things worse. No agreement reached on any of the visitation issues.
     
  8. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,064
    Likes Received:
    126
    Mate - bribery. Offer to pay for some of the sporting events. Write to her and suggest that you'll be prepared to pay additional child support via a private agreement where you deposit $XX into her account to assist with the sports. And as part of the agreement you expect her to comply with the court orders...

    Unless you can afford bucket loads on solicitors, you're wasting your time...

    My theory.... Paying her an extra $40 a fortnight, for example, to buy some time with your kid is cheaper than court and at least that way some of the money might go to your kid. If she says yes, great you get to see your kid. If she says no... Oh well, you've tried...

    Mate one more thing. I hate my opinion. I really really do.

    How long since you saw your kid?
     
  9. AGNES JOSIE

    AGNES JOSIE Active Member

    Joined:
    8 August 2016
    Messages:
    6
    Likes Received:
    0
    Have tried that, paid for his cricket fees - was allowed to take him to cricket and then take him back after game finished. Think I was just a babysitter for the long morning, but was better than nothing. Not exactly the best way to spend quality time with your boy.

    I do agree to some extent it could be about the money, I am currently on a disability pension so the $'s are a bit short. she has enrolled him in private school for 2018 and wants 1/2 the 9k fees. No way I can afford that.

    I would have thought if you have an agreement that is sealed in court that there would be someway to have it looked into without a huge cost. There is no one to police these court orders, so I fear I am wasting my time, will just have to keep ringing my boy and hope to see him.
     
  10. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,064
    Likes Received:
    126
    Don't agree to pay for the schooling. Tell her that you'd be prepared to try to make some contributions, however, not while she isn't playing nice with the orders.

    Sadly, the only way to get the orders enforced is to go back to court. Even then she can continue to breach them. Mate, the system is broke. No one will ever go knock on her door and collect the kid. Not until you reach a point where a magistrate orders it and that could take years. Most kids grow up before that happens or the non-primary parent gives up.

    But since you're on a disability payment, contact legal aid. They might help.

    As for the school fees, I very much doubt that the child support agency will make you pay half... I'd suggest you tell her that given she has shown no regard for your role in your kid's life you feel it a bit rich to expect you to pay a cent when she won't even let you see the kid. (but probably best if you ignore my help on that one...
     

Share This Page

Loading...