WA Undefended Questions in Family Court?

[Daryl Thorn]

Good evening. I'm just wanting clarification.

1) If someone has gone undefended, can substantial orders be made against them?

2) If someone whom has gone undefended breaches a court order, can they be held responsible in the family court?

Thank you in advance for your answers.

 

[Rod]

1. Yes

2. Yes.

 

[AllForHer]

What do you mean by ‘someone who has gone undefended’? Do you mean if a matter has proceeded undefended, or if a party is without representation?

 

[Daryl Thorn]

Sorry here is a little bit of history...

Other party (father) has decided not to proceed in the case and filed his discontinuance last year. Walked away completely. However urgent orders were made for the child whom has a medical condition to return to country of a birth a month ago and reside with paternal grandfather. Both parents were in agreement but within 2 weeks the father removed the child from that country and brought him back to Perth without the mother's or courts consent. Child did not get the medical treatment in NZ and due to not being an Australian citizen not entitled to use services in Australia (hence reasons why orders made).

The father intercepted the child from the airport two weeks ago however has reiterated to the mother that he will not be having custody and that the child will be returned to her. Mother is unable to prove the extent of medical needs the child requires. Documents from hospital and dcp support the child is not eligible for medical care in Australia when orders were made supporting him to go to NZ.

Things escalated a few days ago. Unfortunately the father whom pick the child up from the airport, abandoned the child at a hospital in Perth and flew out to his fifo job. Dcp have intervened taken custody, and the 10 year old child is now back in Bentley Adolescence lock-up ward. While the child was in the fathers care, no medical treatment/intervention was given.

Mother lives in a remote region and has urgent court hearing Monday by phone conference. The mother was told the father will not be at the hearing due to his discontinuance. Mother filed a Form 4, Contravention form, affidavits and so on when the child entered back into the country. Mother is emotionally stressed how the hearing will go. Mother cannot facilitate the child going back to NZ due to having other children in her care. Father has no dependents in his care.

So what I am technically asking can the father whom has filed a discontinuance be held responsible in the family court enlight of breeching the orders? and can charges to laid regarding abandonment. Father beleives he is untouchable due to going undefended.

 

[thatbloke]

I would say yes, bailing out of court does not cancel orders made. In fact more severe ones can be made in his absence, including warrants, if the case is still open. I am at a bit of a loss to understand why Mum cant either keep the child or take them to where they need to be in the other country. Why is the child in care? This sounds like a right mess.