NSW Is the other parent able to apply to court to force me to disclose information when they have no parental rights?

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HarrySim

Well-Known Member
14 October 2020
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I have had family orders in place for 5 years - I have sole parental responsibility and orders include the OP is to have no contact or time with the children and that the children live with me. There is a history of DV and for the past 5 years the OP has had no contact, does not pay child support and does not know where we are located as we were relocated by a DV service in conjuction with FACS.
The OP has recently come into money through a family death and has indicated to apply to the Federal Court to instruct contact and disclosure of information on the children.
One of the children is now over 18 years and the remaining two are over 14. An ICL report was obtained from the children individually 5 years ago which disclosed their wish to not interact with their father and records supported the DV in the home that the children were exposed to it.
My question is - can he apply to the court after all these years to instruct me to 'report' to him on a regular basis regarding the children and attempt to enforce time with the children. We have had no contact for quite some time and the children strongly indicate their dislike of him and have no desire to reconnect - would this eventuate to anything or is this just another of his abusive attempts at control?
 

sammy01

Well-Known Member
27 September 2015
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In order to re-open a case there needs to be a good reason. A significant change of circumstance. Google Rice and Asplund. For more detail.... But the basic version is the courts don't wanna be used by a vindictive ex with money against a sane person with no money... There has to be compelling reasons for a case to be re-opened.

Falling into a pile of money wont meet the criteria. Short version... I don't think you have much to worry about...
 

HarrySim

Well-Known Member
14 October 2020
15
0
71
Thanks for taking the time to response sammy01 - he tried this a few years ago and it never got to court due to there being no significant changes in circumstances, however I am at a loss as to why he is trying again now as nothing has changed - was just concerned if he could somehow demand that I start communication with him and give him regular updates about the children? Which the children have very clearly stated they do not want him to know anything about them in the past, now or in the future. Makes no sense - just trying to be prepared :)
 

sammy01

Well-Known Member
27 September 2015
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Why is he trying again? Look. WHY? maybe he has seen the erro in his ways? maybe not. Don't waste a brain cell on working out the why...
 
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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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You're really asking two questions.

Can they apply?
Sure.

If they apply, do they have reasonable prospects of success?
We can't really tell. The applicant will need to come up with good, new, reasons
to disturb an existing order.
 
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