QLD How to Have Family Court Orders Upheld?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Again, why don't you consider self-representing?

The disruption to a child's time with their parent is the one contravention the Court does take seriously, so I'm inclined to disagree with the 'nothing you can do' suggestions above. Your situation doesn't sound terribly complicated - you're meant to see the child, she refuses to facilitate that time in breach of the orders. Unless you're ordered to pay for half the school fees, that issue shouldn't be an influencing factor at all. The police won't do anything because it's out of their jurisdiction, but you, on the other hand, can and should look at filing an application for contravention orders.

It's simple enough. Look back on every weekend you were meant to have the child. List the first weekend as the first contravention, list the second weekend as the second contravention, and so on and so forth up until the present. Show how you've tried to resolve the matter amicably, show how all attempts have been refused.

Ask the Court to impose a bond upon her to encourage her to revert to the orders, and if she breaches the bond by contravening the orders again, then the Court is going to consider taking more drastic action if you have to file contravention proceedings over the same issue.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
I would do that, too. There are good resources on self-representing. I think you might even get a discount on the application fee if on disability. But it will take time... How long? Who knows but you won't be in court next week.

If you're willing to do so then I'd suggest you write to her list all the contraventions and request make up time.... In that letter communicate that you will apply to court if she chooses not to re-instate the orders, but I'd only do that if you're gonna actually do it.
 

AGNES JOSIE

Active Member
8 August 2016
6
0
31
Thanks everyone for the information. Will be most helpful. Yes, I think I talk with someone at legal aid, if not research to represent myself.