NSW Partner's Ex Not Complying with Parenting Order - Family Court Options?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Consider contraventions in terms of seriousness, frequency and volume.

Missed phone call isn't serious.

Missed care time is serious.

Missed care time once isn't serious.

Missed care time missed every time for several months is very serious.

Document every time there is a contravention. When the volume starts getting up there, then you file contravention proceedings.

The court doesn't want to see you for petty reasons. It has neither the time nor the resources to deal with every little issue.
 

Corinne

Well-Known Member
31 October 2015
117
5
389
Thanks for the help, will just keep documenting and try to minimise the impact of antics. Last night she did rock up to changeover but was an hour and a half late. I feel like it will add up soon.
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
Get used to it and make contingency plans. If I complained to my ex for being an hour late I know she'd be an hour and a half late next time... So I take a book or have a snooze in the car. Just not worth court over...
 

gms

Active Member
30 October 2020
14
0
31
how can you have court orders for a child to spend time with a father and a parent ignore the obligations..
 

sammy01

Well-Known Member
27 September 2015
5,153
721
2,894
I'd like to say it isn't because the system is broken... But it is because the system is broken...
 

Needingapath

Member
30 March 2024
3
0
1
U'm - have to disagree... Tell her it is a legally binding agreement and that she can't keep dictating her bulls**t - you know what will happen next? You won't see the kid for a month or more. Just so she can prove you wrong.. In-fact if you actually use that language she'll have an AVO against you and you won't be seeing the kid at all..
The law is yet to work out how to make an order that forces a nasty vindictive ex to play nice. So your job is to become ambivalent to the stupidity and work out ways of managing your time with the kids so the ex's antics have no impact on you.... Tough gig and if you ever work out how to do it can you let me know the secret 'cause I'm still struggling with it.
This is exactly what my partner is dealing with. Is there ever a way to win?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Keep a log book of all contraventions. Then when something worth a trip to court occurs you have supporting documentation. Makes it easier to win.