QLD Precedent Family Law Queensland

[GlassHalfFull]

I assume you didn't file a contravention of the orders when she was withholding... That's usually what you need to do in order to get something done about it. I don't know how a judge is going to feel about it down the track when you haven't taken the breach of the orders seriously enough to bring it to the court's attention when it happened?

 

[sammy01]

ok so the first case I mentioned - Pork chop vs pork chop...

Malave & Ratcliffe [2015] FCCA 201 (5 February 2015)

www.austlii.edu.au

This is what you wanna avoid. Where the court has to determine which of you is the biggest pork chop and in the best interests of the kids determine that one porkchop should have primary care and sole parental responsibility and the other porkchop gets sent home...

Let me quote again from that judge
"This is a very sad case. Since separation, all of the children have lived with their father and become estranged from their mother. To an extraordinary extent, the parents have allowed their wish to hurt each other to overwhelm their wish to foster the wellbeing of their children. "

So don't worry about names of judges etc...

Given allegations that have been proven false - this is your case

Palmeter & Kagan [2019] FCCA 2298 (18 December 2019)

even though the allegations against you are not quite as horrific as this poor punter.

I reckon you'd be better seeking a good behavour bond where she risks a fine for not complying rather than a temp sole parental responsibility order?

 

[Davidfc007]

There is an open contravene application on the court record since May 2018, weeks after the withholding started, it’s taken this long to get to a directions hearing, for a number of reasons but most due to a lying ICL protecting a lying mother.

I asked for the matter to be moved from the federal circuit court to the family court, which has now happened, the final directions hearing is in 2 weeks.

 

[GlassHalfFull]

Oh wow, I thought contraventions were usually dealt with in a single hearing. What has happened so far with respect to the contravention application then?

 

[sammy01]

I’m just waiting on going to trial and trying to find the most appropriate case to support my application. From what I've read, the applicant doesn't need to reference other cases. Just establish a breach has happened and there are no reasonable grounds. Sounds like you're all over that bit...

so when did you see your child last? has the ex re-instated visits?

Reading between the lines I think you're all over this and you're not being a pork chop. You should feel confident of getting a decent result... Gee I'm really keen to hear how you go.