NSW Issues with Current Family Court Orders - Appeal in Court?

[Theone]

Hi,

I had numerous interim orders by the Federal Circuit Court... I was seeing my child every 2nd weekend, Fri to Sunday and Sunday to Monday, every other week...

Mother gave false allegations of sexual abuse. The judges were not interested and told the mother there was no case. Then we transferred to family court under a special case...

At the Final Hearing, the mother allowed me to take the child on a holiday up to 30 days a year, no make up time. Once the child is in year 2, I will get every 2nd weekend after week 2 of school term, which won't run smoothly. On special occasions, the judge gave me Christmas every 2nd year and Father's Day.

I have a phone call weekly with my child and even when doing the family court suggested course, the mother wouldn't change the day and time when it clashed. She sent emails saying there were no changes to the family court orders under any circumstances.

On a phone call with my son, she took the phone and went off at me, saying that the orders say I can't degenerate the other parent if the child is in the room. I tried to appeal the final orders as there were a lot of things missing and Legal Aid refused an appeal, and refused again due to no merits.

My question would be - is their any way I could bring this matter back to family court or am I wasting my time?

 

[sammy01]

Mate, your post isn't very clear...

What arrangements do you currently have for seeing your child? How old is the child? And what is the problem with the orders?

 

[AllForHer]

This sounds like a person problem, not an order problem, but no orders on earth can stop a person from acting crazy.

 

[MartyK]

Hi,

I had numerous interim orders by the Federal Circuit Court... I was seeing my child every 2nd weekend, Fri to Sunday and Sunday to Monday, every other week...

Mother gave false allegations of sexual abuse. The judges were not interested and told the mother there was no case. Then we transferred to family court under a special case...

At the Final Hearing, the mother allowed me to take the child on a holiday up to 30 days a year, no make up time. Once the child is in year 2, I will get every 2nd weekend after week 2 of school term, which won't run smoothly. On special occasions, the judge gave me Christmas every 2nd year and Father's Day.

I have a phone call weekly with my child and even when doing the family court suggested course, the mother wouldn't change the day and time when it clashed. She sent emails saying there were no changes to the family court orders under any circumstances.

On a phone call with my son, she took the phone and went off at me, saying that the orders say I can't degenerate the other parent if the child is in the room. I tried to appeal the final orders as there were a lot of things missing and Legal Aid refused an appeal, and refused again due to no merits.

My question would be - is their any way I could bring this matter back to family court or am I wasting my time?

How long have these final orders been in place for Theone? Although I could be mistaken, your reference to seeking to Appeal the decision, leads me to believe that they were handed down relatively recently.

You have just been through the Courts, gone to a Final Hearing, and have a set of orders handed down by the Judge.

Unless you have something more substantial to establish a grounds of appeal, other than, in your view, "a lot of things are missing" in the orders, then Legal Aid is right, the appeal would have no merit, and quite frankly, would be a waste of time.

Where Court orders are in place, parents are well within their rights to follow them. Sometimes this is an option of safety, including for the children, especially if the parental relationship is acrimonious.

You are correct that the other parent should not be denigrating you in front of or in the hearing distance of the children. This should apply to all parents, even in the absence of orders, in my view.

I hope, given some time, for the benefit of the children, both communications and flexibility about the children will improve a little between you and the other parent. Good luck

 

[Theone]

Hi here is a little more info...

The matter was in court since April 2013 and had interim orders that were all agreed by consent mostly. July 2015 sexual abuse allegations were unfounded or proved...Child stated openly to JIRTS that no one has ever touched me.

Mother refused to accept what JIRTS found and said. All contact was refused till back in court took till February 2016 to get a centre as on a waiting list.

Final orders given in Aug 2016. Judge decided we needed 3 months more supervised contact then 1 day every 2 weeks...then after 6 months, 2 days Saturday and Sunday daytime only. After 3 months, Saturday am till Sunday pm untill child is in year 1 of school.

Child has just turned 6 recently. Mother went to the hearing offering no contact at all however conceded through the case.

 

[sammy01]

So you got 4 nights a fortnight? Half school holidays? Yes?

Nope I would not appeal

 

[MartyK]

Hi here is a little more info ....
The matter was in court since April 2013 and had interium orders that were all agreed by consent mostly.

July 2015 sexual abuse alegations unfounded or proved...Child stated openly to JIRTS that no one has ever touched me.

Mother refused to accept what jirts found and said

All contact refused till back in court took till Febuary 2016 to get a centre as on a waiting list.

Final orders given in Aug 2016

Judge decided needed 3 months more supervised contact then 1 day every 2 weeks ....then after 6 months 2 days sat and sunday daytime only...after 3 months....saturday am till sunday pm till child in year 1 of school.

Child has just turned 6 recently

Mother went to hearing offering no contact at all however conceeded through the case

I understand you may be dissatisfied with the orders Theone, but unfortunately, Appeals are far more complicated than many people might think.

Appeals require the applicant to establish an error of fact (significant to the decision), error of law or denial of procedural fairness, and, this all needs to be argued on points of law. It's not as simple as saying, but the Judge should have given me more time.

As the final orders were handed down in August of last year, you would also need to apply for an appeal out of time. This again increases the difficulty of success.

Again, based on the information you have provided, unfortunately, I still agree with Legal Aid, that the appeal would have no merit, and would be a waste of your time (and money).

If the mother does not follow the Court orders you may be able to file a contravention.