NSW thoughts? any ideas?

[sammy01]

So my mate has interim orders. He has alternate weekends. She didn't comply weekend just gone and has said she wont comply for the weekend before Christmas. The ink is yet to dry on the orders.. They are only abut 2 months old...She has made a good attempt and appearing to compromise

So what should he do? contravention? or just leave it and update affidavit.

 

[AllForHer]

'Appearing to compromise'? On interim orders? If the interim orders say the kid stays with dad on weekends X and Y, then the kid stays with dad on weekends X and Y. What's the compromise about that?

I would file a contravention order application.

The reason I make this suggestion is because I often see judges criticise parents for not taking legal action on contraventions of this magnitude, which could imply acceptance on dad's part. If it happens to resolve as part of the proceedings for final orders, then he can withdraw the contravention order application at any time, no loss, no gain.

Just make sure the contravention application is genuine. What did she try and compromise about? What invited the compromising? Was she trying to negotiate a swap of weekends?

 

[sammy01]

He refused her request for a change... She then said she would not be providing the kids.. So he responded saying that if she won't agree with the orders can she at least agree to make up time and offered a few dates. She said she took that as him agreeing to her withholding BUT she could not agree with the proposed alternate make up times and offered him make up times but the make up times were mid-week.... This guy is on a train at 6am and gets home from work at 7pm... He cant do mid-week and she knows it... So she offered him two mid-week nights knowing that without taking time off work he can't do it..

So for Christmas, the orders say alternate weekends with dad until 6pm Sunday and 6pm Monday if a public holiday... So given the orders are interim and say nothing specific about Christmas, he has interpreted that he should have the kids Christmas day.... But she has told him that the kids need to be with their mum on Christmas morning...

 

[AllForHer]

So, basically, what happened was that he said he would agree to the change, conditional on suitable make-up time. If he doesn't agree to the make-up time being suitable, then he doesn't agree to the change, which means they revert to the orders.

He should e-mail her to clarify the events as they occurred in regard to the orders.

Dear Parent A,
You requested a change to the time the kids spend with me next weekend, I agreed conditional on appropriate make-up time being facilitated. Unfortunately, the make-up time you have offered is not appropriate, but I'd be happy to swap the weekends so that you have the kids from W to X, and I have the kids from Y to Z. If this doesn't work for you, that's not a problem, we will just follow the orders and retain the same weekend. I would also be happy to discuss an earlier pick-up time on Christmas Day if you'd like, perhaps 2:00pm? Please let me know. I also wish to advise that if the kids' time with me is not facilitated, I will be filing a contravention order application as soon as possible. Kind regards, Parent B.

If she still proceeds with withholding, then he file the contravention order application.