NSW Parenting Plan on Top of Existing Family Court Orders?

[sammy01]

Just a thought / theory.

She is trying to establish that you have less than 35% care because that will impact on child support And more importantly, the amount of family tax benefit she gets... Let her keep trying, she can then apply to CSA / Centrelink... Take them to task on it. She won't win, she will realise all that effort to try and reduce your time by 5% is for nothing and hopefully, she will quit...

 

[Bananatree]

Hello, thank you.

Just to clarify is mediation required prior to contravention proceedings? It is our understanding that it is.
And Sammy you are pretty spot on. This care arrangement changed this year from 4 nights during the school term to 5 which moved the percentage from just under to over 35%.

It was disputed with both Centrelink and should support when we notified and took 3 months to sort out the dispute. This new interpretation came in a week after she was notified of their decision in our favour. However, we have always been told that Centrelink/CSA go off actual care rather than the orders so if she withholds it doesn't matter what the orders day it will go with what is actually happening as a percentage which would put it just under the 35% again.

Anyway, we are waiting for that call next and will be disputing that too. We have always been told never to mention CSA/Centrelink to the courts though as they frown upon it being brought in.

 

[sammy01]

Contravention doesn't need mediation.

The problem you've got is that until she withholds the kids long term it all means nothing. See by the time you get into court, she has started to comply. So why be in court? madness...

You're kinda right with CSA - Actual care... but if you can establish that the nutter, oops the ex is not complying with an agreement/order and you're taking action to force the issue, then CSA won't increase child support for 13 weeks (don't quote me). So effectively, to get you below 35% care she needs to stop all contact because as soon as it is resumed it will be assumed the orders are being followed.

Let her play silly games. Don't bother with the court unless she refuses all access.

 

[Atticus]

Just to clarify is mediation required prior to contravention proceedings? It is our understanding that it is

Yes, that's my understanding as well... The exception is if you are filing a contravention application within 12 months of the orders being handed down...

If this is just a stunt to increase child support, then it's all the more reason that you need to be seen by CSA to be taking reasonable action as eluded to by sammy... Among other things, reasonable action can be mediation or seeking orders/contravention... If you're lucky she will refuse to show any genuine effort to mediate a solution & the S60I certificate will reflect that... If she refuses mediation at all, CSA will extend the 'interim' period to a maximum of 52 weeks, but as sammy01 mentioned, if she participates it will be around 14 weeks...

If after taking her to mediation she is still contravening but complies by the time court comes around, that's good isn't it, job done... Good chance she would not have complied without the threat of some repercussion...you can still proceed with the action to have clauses added to your order if the contraventions are established & without reasonable excuse...

Another option to a contravention application is an application in a case to enforce a parenting order.. but I believe the difference is that this type of app doesn't include the range of punishment that can be dished out.

 

[Bananatree]

Hello, thank you again for the answers.

So the saga continues ...

So since sending her the email advising we wanted mediation (after no emails being replied to) the mother is now advising she is awaiting mediation to discuss which obviously won't be for a while (if we are lucky in a month if not who knows). She has not advised when she believes the next care period is (despite several times asking) or made any attempt to discuss anything.

So do we just have to not see the child until after mediation when she decides to comply?

The other option is to pick the child up from school when the original interpretation said we have care. However, we are concerned that this will then end up as a scene at the school with the child caught in the middle. Especially as we drop and then pick him up several times.

Is there a better way to go about this?

 

[Jake Matherson]

Being seen to be causing conflict rather than resolving the issue in the correct manner (mediation/contravention) will only hurt you.

Especially when you're dealing with a loose unit. Next min the cops are knocking on your door and slapping you with a DVO for some fabricated BS that you will now have to defend/accept and makes your life harder.

Whilst it's tough, you should erase the thought of a sneaky school pickup from your mind don't do it unless the child is in immediate risk of danger from the other parent (which they are not). It will only do more harm than good.

Yes, you just have to wait unfortunately.

 

[sammy01]

Stuff that - you have court orders, follow them.

Do you have court orders? They say you pick up the kid from school... Then follow the orders, bring the orders with you and show to the cops/principal or anyone else who asks.

 

[Bananatree]

Hello, thank you for your reply. Yes reducing the conflict has been a task for a long time... unsuccessfully.

We have been down the bs DVO line and it was all disproven and thrown out. Police are also regularly involved and know what's going on.

To clarify I wasn't suggesting a sneaky school pickup I was suggesting picking him up for normal visitation and basically continuing as normal before this recent rubbish all happened and returning as normal, telling her this is what we are doing.

As she hasn't actually said what she proposes to move forward only that she doesn't agree with all of our proposals (and not providing one herself saying she will discuss at mediation) our concern is more that she would then turn it around and say we don't want the child as we haven't been picking him up.

 

[sammy01]

How on earth is it causing conflict to simply comply with a court order? Mate go to school pick up your kid. If you don't there is an argument that you have agreed to the change.

Write her a smart letter.

Dear nutter,

I will be picking up the child as per the court orders. If you have any questions please communicate them to me via email. If you think I have made an incorrect interpretation of the orders, can you please direct me to the clause of the orders that you think needs addressing?

Kind regards...

Or do nothing, do see your kid for months and wait for court? Stuff that. You have court orders, they are the boss, not her. I know I wrote it in capitals, it is important.

 

[Bananatree]

Awesome. Thank you for the backing. I think that is the biggest issue... Not wanting to screw up and be seen poorly so needing confirmation that we aren't... We will show up as per the court orders and see what happens. We have advised her via email that we are doing this.