QLD OP not let child attend to school to interfere change over.

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ATE000Rosemary

Well-Known Member
9 May 2021
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I have court order said to do change over at school during school term. And child's mother already interfere change over by not let kid to go to school. She claimed child is sick but when we pick him up from her place that child was not sick and he pretended few caugh then he was fine.I believe child is coached to cough when I picked him up. Because it was obviously fake.
This happen twice already. What action can I take if she continue not let kid to go to school before I picked him up?
Thanks for advice.
 

ATE000Rosemary

Well-Known Member
9 May 2021
19
1
74
It's is a final order. It's made late September this year. This order is made at first hearing. But judge refer case to registra with reseizure issues. And registra said can't change final order.
But in this final order it definitely said " father shall pick up child from school on Friday after school"
Thanks for your reply.
 
Last edited:

ATE000Rosemary

Well-Known Member
9 May 2021
19
1
74
If the case was referred to Registrar, was that during the court proceeding
Yes, it is. Due to many wording in the final order are very vage but registra told me she can't changed order. The judge told me at the first hearing I can talk about more details with registra. But registra abvously not interested in anything. Even I raised issue with child's mental heath. Registra ordered we do another mediation. I did it but no success. And next registra court is coming next week.
 

ATE000Rosemary

Well-Known Member
9 May 2021
19
1
74
If they are final orders then there will be no more court based mediation.
Yes, three laywer said same things. It's extremely confusing. why we are referred to Registrar ? I am so close to given up. Whatever I got in the final order op still play game to breach it.
Now I just want to know if op continues to hold child at home to interfere change over what should I do?

And what is court based mediation?

Thanks
 

ATE000Rosemary

Well-Known Member
9 May 2021
19
1
74
Sorry, but if you have final orders then unless youre attending mediation outside the court the court will have no more involvement (including a registrar of the court).

Somehow what you are saying does not make sense.
Yes, this situation does not make sense. You are not the only one said that. It's true. I got final order at the first hearing. In the end of order said refered to Registrar. At the Registrar court ,Registrar order a mediation before next court date and Registrar said we have to do mediation outside of court. Because there are many details I want to put in my affidavit were not in final order. And the final order has a lot of explanation problem. I raised this to Registrar. Her answered is if not both agree then she won't put anything in the order that's why she ordered a mediation before next court date. She said the final order can't changed.
The judge said at the first hearing that Registrar has right to make decisions. But Registrar said to me she has no right to make decisions. And all the lawyers I spoke to they have no idea of how new FCC system work. New rule start in September this year. A lot of family cases not complex were referred to Registrar and my first hearing is before the new system. The judge closed case and then refer my case to Registrar.
And I called three legal aid they all said this is very strange how I am experiencing.
Each time I spoke to someone their reaction is same like you until I show then all the documents.
 

Atticus

Well-Known Member
6 February 2019
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registra abvously not interested in anything. Even I raised issue with child's mental heath. Registra ordered we do another mediation. I did it but no success. And next registra court is coming next week.
Registrars are not delegated powers to change a final order unless both parties agree to the change ... that remains even under the new regime. I expect the mediation was to try to get some agreement between the two parties & move forward from there. So now that nothing has come out of mediation, it will be interesting to see what the registrar suggests as a next step.

If the problem of keeping the kid home from school on a pickup Friday persists (bearing in mind you have only had the order since late September, so early days) All you can do is keep a record of the times this has happens with a view to filing a contravention. If you do that within 12 months of the order being handed down, you won';t need to attend mediation to file.
 
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