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NSW Should I File for Contravention of Family Court Orders?

Discussion in 'Family Law Forum' started by Steve1905, 2 June 2016.

  1. Steve1905

    Steve1905 Well-Known Member

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    Hi All,

    I have recently had temporary family court orders placed for visitation with my son on alternate weekends and a trial date has not yet been set. My ex has now changed the weekends in which he comes over by not dropping him off at our meeting venue and stating it will now be alternate weekends from the next weekend on.

    This effectively leaves him short a weekend with his family. He is disappointed and gets grounded if he asks for more time with me. We had agreed in writing to change a single weekend as I was moving. There is no mutual agreement to the change of weekends permanently and this is in writing. Nor have the orders been changed.

    She has also breached other orders by not facilitating regular contact at stated days and times as well as denigrating my new partner (very graphically if I could put it that way) on her Facebook page.

    I have read that the courts consider some contraventions as minor and frown on applications that waste the court's time. Is this one of those cases or should I file? Or should I file an application in a case?

    Thank you in advance
     
  2. Steve1905

    Steve1905 Well-Known Member

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    To add to this. Does this application need to be filed within the family court? The portal system does not list this application in the filing section.
     
  3. sammy01

    sammy01 Well-Known Member

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    My thoughts... Learn to let it go...

    Why?Well it becomes costly - save your money for the parenting trial. The missed visits can be mentioned then to help the magistrate see the picture.

    AND more importantly your job is to show that you can co-parent with the ex. Family law is not about fair... It is about the best interests of the kid. Now If mum chooses to be a twit the law can't fix that. BUT if you choose to engage with every argument then it could result in the ex having grounds to argue that the kid needs to be kept away from the conflict and the best way to do that is to keep you away from the kid.

    Record everything - Write to the ex and tell her that she has not complied with the orders and you will be relying on the correspondence as evidence if further court action is required. It is a polite threat...

    Pick your battles - and even more importantly learn to ignore stupidity... Tough I know, but crucial to your emotional wellbeing (sanity) and in reality this is kinda insignificant (I know doesn't feel that way to you) but big picture it ain't like she's withheld the kid altogether...
     
    James07 likes this.

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