Long story short, My ex (father) and I have family court orders made in Sept 2016, father now is a registered foster carer with his partner of 11yrs. During the whole proceeding which lasted a total of 10 months, father and his partner didn't inform the courts about future arrangements that might affect the child. I have found out via third parties that father and partner are both on the register paperwork for the foster carers thingy. I have asked father a few times over the last 12 months as I had believed that this was the case to find out in August 2017 that father is a registered foster carer to two other children. My child has come back to tell me that she had a bed and now doesn't and there is no room for her there, I have asked father that if he cant have her there that he must have contact in the area child lives in. In august 2017 father believes that he has the right to come and go as he sees fit, made an arrangement with the child in August to talk about things over with our child and then just disappears for 4 months. I have asked father to rethink the orders and lets agree on something more workable for him and the child. Child is now 13yrs old and is in their 2nd year of high school. Father has sent child a very nasty email saying " if you don't make yourself available as per court orders, I will be seeking legal action against you" Does the father have the right to say this and would this be dangous for the child to contiue contact for now and can myself or the child stop this from happening. I do know if I step in and protect the child and stop contact I know the father will file a breach application against me. Any advice would be helpful?
What rights and age do child/ren have in family law orders?
- Thread starter Supanova
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If you have parenting orders, you are obligated to follow them.
If you want to change the orders, you'll need the father's agreement or you will need to file an initiating application to vary them.
If you deviate from the orders without the father's agreement, that will place you in contravention of the orders and the father can seek a contravention order against you.
If you want to change the orders, you'll need the father's agreement or you will need to file an initiating application to vary them.
If you deviate from the orders without the father's agreement, that will place you in contravention of the orders and the father can seek a contravention order against you.
yep I agree with the above... BUT what the courts might do with the contravention is interesting... Magistrate might make new orders and they might work better for the child - given the child is now 13 the court would be more interested in her opinion, only marginally so...
I fail to see what the foster care stuff has to do with anything.
I fail to see what the foster care stuff has to do with anything.
No. Parenting orders remain in effect until the child turns 18.
There is a sheet attached to your parenting orders entitled: Parenting Orders - Obligations, Consequences and Who Can Help. The subheading Your Legal Obligations contains the following:
I also note the orders are less than 18 months old. An age increase of less than 18 months since the orders were made has not, in my knowledge, ever been enough to support the case for varying the orders.
There is a sheet attached to your parenting orders entitled: Parenting Orders - Obligations, Consequences and Who Can Help. The subheading Your Legal Obligations contains the following:
You must do everything a parenting order says. In doing so, you cannot be merely passive but make take positive action and this positive obligation includes taking all reasonable steps to ensure that the order is put into effect. You must also positively encourage your children to comply with the orders. For example where the order states your children are to spend time with another party, you must not only ensure that the children are available, but must also positively encourage them to go and do so.
Simply telling the child 'there are orders in place' does not constitute positive encouragement.
I also note the orders are less than 18 months old. An age increase of less than 18 months since the orders were made has not, in my knowledge, ever been enough to support the case for varying the orders.
Myself and the other parent live 500km plus apart, child lives with me and other parent hasn't paid child support due to an exemption in March 2017 for DV, during the last 12 months father makes fake child abuse reports to FACS and that have been in the picture until end of August, FACS have talked with the child and have told me i have to protect the child at , there are a lot of other stuff that I would like to talk about, father partner assulted the child in 2010, went to court over that to be told its a family law matter, child still to this day had conerns of safety being around this lady. I have always tried my best to talk with father about the worries and concerns the child has and keeps saying things that I find to be intimidating. There was even one event the child came home and told me that "if your mother doesn't follow court orders I will see her in jail". This was also report to the FACS caseworker. I haven't speak to the father since August until when he dropped me a SMS message when you wants to pick child up on a day that isn't his time, I replied back to him 24 hours later to which gave me time to go thru the orders and read them again. I asked him what's going on and what his problem was, Father replied back "I'm taking this back to court as I have a letter here saying you don't want child support from me and that is why Im taking you back to court for breaching the orders".
Court orders say;
child lives with mother
child spends time with the father as follow: XXXX
What does it mean with it says that the child spends time with the father ? Sorry I just want to give you an idea on whats happening, I have been told by 5 different lawyers there is nothing I can do as he is the one that needs to comply. If he choices not to come there isnt anything I can do, The child has had enough, she wants to spend time with her father but there is no room or a bed for her in father house, Father house has 2 adults and 4 child who are his partners, and the 2 foster chldren in a 3 bedroom home.
I have just reapplied for CSA because I believe the child has the right to have support from that end
Court orders say;
child lives with mother
child spends time with the father as follow: XXXX
What does it mean with it says that the child spends time with the father ? Sorry I just want to give you an idea on whats happening, I have been told by 5 different lawyers there is nothing I can do as he is the one that needs to comply. If he choices not to come there isnt anything I can do, The child has had enough, she wants to spend time with her father but there is no room or a bed for her in father house, Father house has 2 adults and 4 child who are his partners, and the 2 foster chldren in a 3 bedroom home.
I have just reapplied for CSA because I believe the child has the right to have support from that end
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