VIC Mother of Child Breaching Family Court Orders - What to Do?

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sammy01

Well-Known Member
27 September 2015
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Just agree - then have the kid at your place for one night, then leave daughter and dad. You've followed her stupid instructions (kind of).

Look if she is going to be that difficult, then court would seem almost inevitable. That might not be a bad thing anyways.
 

AllForHer

Well-Known Member
23 July 2014
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So, basically, she's asking for agreement on variation to the orders. Act with care. If you agree, the Court will be less inclined to see her actions as contravening the orders.

I would suggest that you're not agreeable to any deviation from the current orders and will be attending changeover at the scheduled time, and that in the event the child is not presented for time with your son, then further action will be taken.
 

MartyK

Well-Known Member
4 June 2016
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Just to add and not to deter you from any course of action that you choose to take. If the matter returns to Court, as well as seeking disclosure of the mother's further criminal activity since the orders were made (I suspect that the rest was already disclosed during the previous proceedings?), disclosure of the reasons for your son's present psychiatric care is likely to also be sought.

Good luck
 

Leigh

Well-Known Member
20 May 2015
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Someone posted a message to me earlier today, and I went to respond and it has gone?
 

Leigh

Well-Known Member
20 May 2015
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Hi.

They are at our place and it's not ideal. He was supposed to get her Friday last week, did not want to go, as he thought he was being set up. I went. It is a 5-hour round trip. They wanted her to be picked up at Library instead of normal place. She was brought by grandmother and mother and said she did not want to come. Extremely surprising as we get on well.

I said to the grandmother and mother, well, I consider you have breached the court orders and we will have to leave it to the courts. I left. When we arrived back, my son had a phone call from his daughter saying she wanted to come and could he pick her up the following day. At the same time, I had a text saying that she was to stay at our house and not go to their place.

He is unhappy about this and so are we, given that there has never been any issues re his care of his daughter. She has been pretty ok but very demanding of his time with her. Not happy to be separated from him even if he is going to the shop for 10 minutes.However she is reluctant to go on her own with him as she as not 'allowed'. The court order clearly says that the parents are not to speak negatively of each other in front of the child

Don't know where this leaves the breach, but there are many others on which the have not followed court orders.

I think the easiest thing is for him to contact the psychiatrist giving him a copy of the GPs letter and asking for something similar. The Psychiatrist gave him a copy of his notes, but obviously, you would not want to pass these on to the mother My granddaughter who is 8 told me today that her Mother had bad anxiety and there was a 50% chance she would get it.


So that's where things are. He has taken her out a few times to films, etc/ but she will not go to their house.
 

sammy01

Well-Known Member
27 September 2015
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Agree for him to pick up the kid, but ask her to do the 5-hour trip then suggest a compromise where you meet half way. It won't happen but it shows compromise on your part. Make sure he goes with a witness...

You've got a long fight ahead.
 

Leigh

Well-Known Member
20 May 2015
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0
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agree for him to pick up the kid. BUT ask her to do the 5 hour trip BUT suggest a compromise where you meet half way. IT wont happen but it show compromise on your part. Make sure he goes with a witness...

You've got a long fight ahead.
Yes the order specifies they meet half way but we went to their preferred place to show we were prepared to compromise for the sake of his daughter. They have been unusually courteous in their contact, which is not the norm and we don't trust them. So sick of all the rubbish !
 

sammy01

Well-Known Member
27 September 2015
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So the kid is with you? Look if they are being courteous, maybe she is starting to get it. Enjoy the time with the kid and make sure you return the kid in accordance with the orders.