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How to Respond to Family Law Court Order Contraventions?

Discussion in 'Family Law Forum' started by ponee65, 11 September 2014.

  1. ponee65

    ponee65 Active Member

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    I have just been served with contraventions. The children have not been spending time with their father because they state they feel unsafe in his care and he is hurting them and they are frightened of him. Long story with much more detail .

    My question is: How do I respond to the contraventions, can I file an application for new orders and file and affidavit in the family court?

    Thanks.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Yes, you can file an application for a variation to the existing orders, with supporting affidavit.

    How old are the kids?
     
  3. ponee65

    ponee65 Active Member

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    Thanks for that the kids are 10 and 7.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Cheers.

    Just for some added insight, a court will only place value in the opinions of a child if they are deemed mature enough to have a valid and informed opinion. For the extraordinary majority of cases, this does not extend to kids of under 12 years of age.

    What this means is that the court looks to you, not your kids, to act in the kids' best interests. If the court has decided it's in the kids' best interests to spend time with their father, then it's your duty to make every reasonable effort to ensure that happens.

    Courts are acutely aware of instances where parents 'coach' their kids not to want to spend time with the other parent. This is particularly true of cases involving kids under the age of 12 because they are quite easily influenced by the opinions of those they have an attachment to. To suggest that children of that age are capable of making up their own mind about one parent, completely independent of outside influence, could serve to demonstrate to the court that you lack insight as to how your behaviours impact the kids.

    Not by any means am I suggesting this is what has happened. I'm more suggesting that you should be aware that this is probably what the court will be looking for, if you use the kids' feelings of fear and insecurity as reasoning for contravening orders without solid proof that they have indeed been harmed by the father. What you may find is that the court could be looking for evidence that you have denigrated the father either deliberately or inadvertently, leading the kids to replicate your feelings about your ex and not wanting to spend time with him, despite not having a genuine reason to feel this way.

    There is also a chance that a family report will be ordered if your argument is based on the kids' perspective that they are unsafe under the other party's care.

    Just some food for thought, anyway. :)
     
  5. ponee65

    ponee65 Active Member

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    Thanks, yes understand all that. There is a history of intervention orders and violence towards myself and the children. I have made a report to DHS and I am going to ask for an Independent Children s Lawyer to be appointed.
     

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