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NSW Repercussions to Breaching Family Court Orders?

Discussion in 'Family Law Forum' started by Jacob Oneill, 28 August 2016.

  1. Jacob Oneill

    Jacob Oneill Member

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    My ex lives in QLD and I live in NSW. My daughter flies to me for visitation but has expressed she wishes to live with me. She's 10.

    My ex remarried to a man who has 3 children (full custody of 2 of them). The 2 he has full custody are mentally disabled, she herself has another child to another man who is also mentally disabled.

    Her friends have contacted me and expressed their concern for my daughter's wellbeing in her care - not getting cared for appropriately as she has her hands full with the three mentally disabled children as her husband works fulltime. She has no family in her area for help and has expressed she's had enough and can't do it anymore...

    My daughter is due to return to my house for visitation in the coming weeks and given all the information, I am considering breaking the family court orders and not sending her home and going for full custody. If I did this, what would be the repercussions? I want what's best for my daughter and to keep her safe...

    We're due to go to mediation next month to change the orders but I know my ex will never willingly let her stay with me. My ex and I do not get along and she has kept her from me numerous times in the past.
     
  2. Hpflstpmum

    Hpflstpmum Well-Known Member

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    My partner and I are in a very similar situation, right down to us being interstate too. Please don't break the orders. It will only hurt your case if you were to choose to pursue the residency later.

    See your child and send her back. Do it the right way and take her to court if she doesn't agree in mediation. Grab all your evidence together and show that it is in the best interests of the child.
     
  3. AllForHer

    AllForHer Well-Known Member

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    If you contravene the orders, the ex can file for a recovery order and a contravention order and most likely succeed, meaning the child will likely be returned to the mother and you'll end up with in a bond to ensure you continue following the orders.

    Don't be a vigilante. You asked the Court to decide what's best for your child, and it did so. If you want the orders changed, follow the proper avenues. Attend mediation, then file an initiating application.
     
  4. SallymetHarry

    SallymetHarry Member

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    You should only contravene the orders if you have evidence/reason to believe returning her to her Mother's care would results in harm or risk to the child's wellbeing. I undertook a similar process in not returning the child interstate to the other parent. The court found there was a possible risk to the child's safety in the mothers care (via an 11F) and the child was ordered to reside with me in the interim. The judge was not happy about me "taking the matter into my own hands" but they did substantiate the risk, which was why I had to do it in the first place.

    Definitely do the mediation being offered, and then file an initiating application and outline how you will support the ongoing relationship with the mother and why it is in the best interest of the child if she were to reside with you instead.
     
  5. AllForHer

    AllForHer Well-Known Member

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    I agree with the above, and for perspective, I can't see that you've listed any genuine risk factors that would result in risk of harm to the child. The concern about the mother struggling with the care of three other mentally disabled children in addition to your child is really just your opinion. There would need to be proof that the children are being neglected for your concerns to be upheld as fact.

    In my view, it doesn't sound like the situation poses a risk to the child such that the Court would consider it in her best interests to change not just residency, but also state, school, community and care arrangements. The Court would probably be less willing to do so, as well, if you contravened the orders without considering how it might impact the child.
     
    SallymetHarry likes this.

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