Thank you in advance
My partner and I are seeking advice on what to do regarding restarting court proceedings?
Basically, my partner's ex has consistently breached court orders regarding their 5 year old daughter, we have received a Section 60I Certificate due to his ex refusing to give an address for mediation forms (dated 29th July 2016). She lives in Rural QLD, we live on NSW South Coast.
We have been through thick and thin trying to keep her happy, she has withheld the child in 2016 for 7 months (court order started 6 weeks (mother) :2 week (father)). She is constantly dictating and manipulating orders to suit her (orders are not written very well and allow for such manipulation). She continues to withhold medication and educational information about the child. She refuses to speak to my partner over the phone and says texts only. He then texts her and she does not respond.
In October last year, she told the child and us that we would have her for the year of 2017 and arranged for us to pick up the child prior to her starting school. She back-flipped 2 days later. 2 weeks later, we found out that I was pregnant (due to July). She then told both us and the child that the child can stay with us for 12 months in 2018 and SD was over the moon.
Recently, my partner filed a claim to CSA regarding a change in assessment as he spends 15% of his wage in travel to pick up SD. All supporting documents have been sent (bank statements - with everything that didn't refer to travel blanked out, receipts for petrol/flights etc). This has angered her as she is very much money motivated.
My partner's ex has also expressed her want to take us back to court claiming that when we have the child we are physically and mentally hurting her. We believe this is her showing intent to keep the child from us over these coming school holidays (when I am due). Between my partner and I, we have arranged for SD to be with her Grandparents in QLD over the time we are supposed to have her because I am considered high-risk and can go into labour any day between now and my due date. We believe if I go into labour on the day we are supposed to hand her back or pick her up, this would mean the my partner would need to leave my side or his ex will involve police etc.
SD has just gotten off the phone to my partner saying again "Mum isn't being very nice to you and StepMum (she said my name) again. She is calling you bad words and names." My partner asked immediately to speak to his ex who was then heard in the background telling SD to "knock it off, if he wants to talk to me he can text me, I have nothing to say to that liar". SD then said told my partner that she calls us liars all day. This is not the first time this has happened and will not be the last time.
My question:
What are the costs associated with returning to court if my partner was to self-represent?
Would it be more beneficial for us to file for contravention or to restart court proceedings completely?
Should we offer to mediate with her again even though we already have a Certificate allowing us to go to court?
Please offer any other advice regarding the above. We would be seeking more specific court orders (that she can't manipulate) or a change in residency due to the my partner's ex refusing to facilitate a relationship between daughter and father on most occasions.
My partner and I are seeking advice on what to do regarding restarting court proceedings?
Basically, my partner's ex has consistently breached court orders regarding their 5 year old daughter, we have received a Section 60I Certificate due to his ex refusing to give an address for mediation forms (dated 29th July 2016). She lives in Rural QLD, we live on NSW South Coast.
We have been through thick and thin trying to keep her happy, she has withheld the child in 2016 for 7 months (court order started 6 weeks (mother) :2 week (father)). She is constantly dictating and manipulating orders to suit her (orders are not written very well and allow for such manipulation). She continues to withhold medication and educational information about the child. She refuses to speak to my partner over the phone and says texts only. He then texts her and she does not respond.
In October last year, she told the child and us that we would have her for the year of 2017 and arranged for us to pick up the child prior to her starting school. She back-flipped 2 days later. 2 weeks later, we found out that I was pregnant (due to July). She then told both us and the child that the child can stay with us for 12 months in 2018 and SD was over the moon.
Recently, my partner filed a claim to CSA regarding a change in assessment as he spends 15% of his wage in travel to pick up SD. All supporting documents have been sent (bank statements - with everything that didn't refer to travel blanked out, receipts for petrol/flights etc). This has angered her as she is very much money motivated.
My partner's ex has also expressed her want to take us back to court claiming that when we have the child we are physically and mentally hurting her. We believe this is her showing intent to keep the child from us over these coming school holidays (when I am due). Between my partner and I, we have arranged for SD to be with her Grandparents in QLD over the time we are supposed to have her because I am considered high-risk and can go into labour any day between now and my due date. We believe if I go into labour on the day we are supposed to hand her back or pick her up, this would mean the my partner would need to leave my side or his ex will involve police etc.
SD has just gotten off the phone to my partner saying again "Mum isn't being very nice to you and StepMum (she said my name) again. She is calling you bad words and names." My partner asked immediately to speak to his ex who was then heard in the background telling SD to "knock it off, if he wants to talk to me he can text me, I have nothing to say to that liar". SD then said told my partner that she calls us liars all day. This is not the first time this has happened and will not be the last time.
My question:
What are the costs associated with returning to court if my partner was to self-represent?
Would it be more beneficial for us to file for contravention or to restart court proceedings completely?
Should we offer to mediate with her again even though we already have a Certificate allowing us to go to court?
Please offer any other advice regarding the above. We would be seeking more specific court orders (that she can't manipulate) or a change in residency due to the my partner's ex refusing to facilitate a relationship between daughter and father on most occasions.
