WA What to expect at contravention trial

[Match]

Hi y’all!



I’ve been running my partner’s case for 2 years in FCWA while he self reps. In that time financial proceedings were finalised by consent and we came away with a really great result. We also have interim parenting orders - some by consent and some not - which have allowed us both to build a really solid and happy relationship with his child (despite his ex’s efforts), which is at the point now that I think if she tried to cut us out of child’s life (what we’ve been in court to prevent), the child would not accept it.



The orders we’re seeking aren’t massive changes, they’re more to guarantee our regular time with kid won’t be taken away, phone contact won’t be taken away (she likes to block us on kid’s phone), and to establish holiday time which she’s always refused despite child telling Family Consultant, Independent Children’s Lawyer and Single Expert Witness they want to go on holidays with dad.



Child is approaching an age where court orders won’t matter so much and if they want to come see us or come away with us they probably just will, but that’s likely another 2-3 years away and we want to make sure that their dad is present and involved during this critical period of their life.



The ex-wife is onto her 5th lawyer while we’ve had none. We wouldn’t have the interim consent orders we do had it not been for the reasonable advice and guidance provided to the ex by her previous lawyers (which she is now fuming about).



When I say she’s the ex-wife from hell, I mean it - though I know some have it even worse. Think closet alcoholic not over the break up (3.5 years ago) who thinks the whole court is conspiring against her to enable my partner’s “control” of her (i.e., through court orders that she has to allow child to spend time with dad).



Recently I filed a contravention application for 50+ carefully documented breaches (some very serious, some less so). Could not be resolved despite my partner being willing to drop the application if child could spend a one off additional weekend with us at her convenience. Her lawyer strongly advised she accept offer but she refused. Now going to trial and orders have been made to submit additional affidavits before callover.



There’s a violence order (CAO) in place so we’ll have a lawyer through the cross examination scheme but I’m unsure if that will be allocated in time for contravention trialbut assume so. We have a directions hearing prior to callover but that was scheduled a while ago. Awaiting SEW report to be released, expecting it to be strongly in our favour though I guess you never know.



My questions are:

1. What’s a callover? Do we need to attend?

2. Is a lawyer/client entitled to fire a client/lawyer if they’re represented through the Legal Aid CX scheme? If that happens, would Legal Aid fund yet another lawyer for the party?

3. What types of orders can come out of a contravention trial?

4. Can anyone share their experience of a contravention trial?

5. I don’t understand why a final trial is needed when there’s so much evidence and so few orders outstanding - couldn’t we get them through a contravention trial and be done with Family Court? (The ex is deluded in thinking eventually things will swing and they’ll decide dad is secretly terrible - I’m hoping she begins to understand how seriously bad things are looking for her case come the contravention trial and want to reach agreement and avoid a final trial)

Thanks all! x

 

[Dpj]

Hi Match. I can't give any advise but am interested in how you go. Just out of interest

1) why did you wait for +50 breaches before applying to the court?

2) what is a more serious breach? And what is a minor breach? I'm more just interested in interpretations.

3) has a family report writer been involved in your case?

4) what are you seeking? A change in orders? Make up time? A fine?

Good luck

 

[Match]

Hi @Dpj,

1. Main reason for collecting 50+ before filing was to not appear petty - I’d been noting all the minor breaches and when what we considered a major breach happened, that’s when we filed. (Plus it’s just more time in court and leave from work, you know? So far that’s meant a directions hearing, a conference, there’ll be another directions hearing, and then the trial - and any other appointments required for the trial if there are any. It gets pretty tedious even if it’s far less nerve-wracking these days.)

2. We considered a serious breach to be taking child away during our time - no asking if we’d mind, not even an offer of makeup time. Just ‘the child will enjoy it so we’re going’ (we would love to take child on holiday also but ex-wife refuses any holiday time). Had she asked and agreed to allow us holiday time as well, we’d have zero problem being flexible with the dates - would not have been a big deal. But she ate into the precious little time we have, so that’s what we (in personal and non-legal opinions) considered the more serious breach.

Minor breaches are to do with continuously altering the changeover location. It’s not an enormous thing but it’s just very petty and she does it consistently so there’s lots of them.

There are also breaches of the denigration and involving child in proceedings orders. The evidence here is really strong (it all is tbh as it’s all in writing directly by the ex-wife - we’re not saying she’s done things, we’re saying here’s where she said she’s done or will do it). I think the court will consider them the most serious. So would we, except the evidence all came in well after the fact - and relationship with child miraculously still great despite “strategies” she’s attempted.

3. The SEW (Single Expert Witness) is a clinical psychologist and has interviewed both parents, the child, me, and one of the mother’s family members who is close to the child. They have also conducted observation visits with both parents and read through subpoenaed (via ICL) medical records and school reports etc. I believe their report will carry significant weight and I doubt (and hope) there’s not another professional who will do the same thing and write another report (… surely not?). We’re in WA - not sure if that makes a difference to terms. The Family Consultant wrote 2 reports earlier in the process which are also part of the documentation.

4. No idea yet what we’re seeking at contravention trial! We just wanted makeup time, but a fine would be the best incentive for her to stop breaching orders and take the court seriously. I doubt she’d pay it though tbh. Don’t want a change in orders, just want them followed (there’s no good reason they shouldn’t be). Would love additional orders but don’t know if that’s a possibility.

 

[Dpj]

Hi @Dpj,

1. Main reason for collecting 50+ before filing was to not appear petty - I’d been noting all the minor breaches and when what we considered a major breach happened, that’s when we filed. (Plus it’s just more time in court and leave from work, you know? So far that’s meant a directions hearing, a conference, there’ll be another directions hearing, and then the trial - and any other appointments required for the trial if there are any. It gets pretty tedious even if it’s far less nerve-wracking these days.)

2. We considered a serious breach to be taking child away during our time - no asking if we’d mind, not even an offer of makeup time. Just ‘the child will enjoy it so we’re going’ (we would love to take child on holiday also but ex-wife refuses any holiday time). Had she asked and agreed to allow us holiday time as well, we’d have zero problem being flexible with the dates - would not have been a big deal. But she ate into the precious little time we have, so that’s what we (in personal and non-legal opinions) considered the more serious breach.

Minor breaches are to do with continuously altering the changeover location. It’s not an enormous thing but it’s just very petty and she does it consistently so there’s lots of them.

There are also breaches of the denigration and involving child in proceedings orders. The evidence here is really strong (it all is tbh as it’s all in writing directly by the ex-wife - we’re not saying she’s done things, we’re saying here’s where she said she’s done or will do it). I think the court will consider them the most serious. So would we, except the evidence all came in well after the fact - and relationship with child miraculously still great despite “strategies” she’s attempted.

3. The SEW (Single Expert Witness) is a clinical psychologist and has interviewed both parents, the child, me, and one of the mother’s family members who is close to the child. They have also conducted observation visits with both parents and read through subpoenaed (via ICL) medical records and school reports etc. I believe their report will carry significant weight and I doubt (and hope) there’s not another professional who will do the same thing and write another report (… surely not?). We’re in WA - not sure if that makes a difference to terms. The Family Consultant wrote 2 reports earlier in the process which are also part of the documentation.

4. No idea yet what we’re seeking at contravention trial! We just wanted makeup time, but a fine would be the best incentive for her to stop breaching orders and take the court seriously. I doubt she’d pay it though tbh. Don’t want a change in orders, just want them followed (there’s no good reason they shouldn’t be). Would love additional orders but don’t know if that’s a possibility.

Thanks for the response. I understand judge can change orders but in this case doesn't seem it is justified.

Im probably totally off topic here, I'm just interested in learning. I understand if it's not appropriate. What did the SEW say? How come there have been 3 reports? Sounds like the dad wants more time? Has final custody date been set?

Good luck

 

[Match]

No worries, we’re still waiting for the SEW report to be released.

Family Consultant report 1 released after phone interviews with both parents (can’t remember the name of it off the top of my head - a Something Something Conference); report 2 released after a Child Inclusive Conference where they interviewed child (alone). That was the end of the Family Consultant’s involvement in the process (until final trial when the ex-wife will attempt to tear them apart I’m sure as neither report painted her in a flattering light).

After that there was a directions hearing and with ICL’s recommendation the judge approved assignment of an SEW to help progress case as parents obviously hadn’t resolved issues amongst themselves.

Dad wants a bloody holiday with his kid lol. He’s not even asking for 50% school holidays, though we’re considering it. We’ve literally been asking for a week a year. One week. Nil health issues. Nil safety issues. We have EOW plus they see each other one midweek evening. Just punishing dad for leaving her and this is the only way she can do it. She sees him getting more time with kid as him “winning” (and her losing).

Waiting for a readiness hearing date to be set, doesn’t sound like it’ll be anytime soon. No regrets on court though despite its length - she definitely would have sliced dad out of kid’s life had we not commenced proceedings.

 

[Dpj]

You sound like you're all over it. I 100% know about the 'win just to defeat the ex that left syndrome.

Good luck

 

[GANDN2019]

Hello

can you confirm what happened her. your case seems so like ours, its crazy:
proceedings since 2019, 2 SEW reports, Case assessments, an ICL involved, supervised visits, alleged abuse/drugs (no risk found by ANY professional through many investigations) several reports to DCP (no issues found), 3 VRO's against father from mother and grandmother (no issues found) (the ex even tried to demand the puppy be rehomed due to be dangerous - 7 weeks old at the time)
children withheld, removed from school on fathers days, medical reasons for non compliance - although no real evidence. mother breached about 100 times with missed visits but all contraventions applications getting lost in all the 'applications in a case'

the consent orders signed June 2022 - children stopped coming pretty much completely. reopened the matter dec 2022 - fresh allegations to DCP - no issues found, went to court feb - magistrate told the mother she was contravening by just merely showing up at handover was not complying. mother said everything was fine (even though eldest son (9) hadn't been to weekend visit since aug 22.
1 child came for 1 weekend and father missed 46 calls from mother within 1 hour window while at party - police called to do welfare check - scaring the little one to death.
file a contravention april 2023 - the same day mother accuses father of physically pinning her down in family therapy the week before (no statement from therapist or report from therapist) and it didnt happen!

now an email received from mother asking to withdraw the contravention, or she will file a contravention on him for not taking the children to rugby match on sunday (despite a vro refraining father to be near mother - and mother is the manager/involved with the team)

so we are very interested to know

1) how did the directions hearing go - what directions did you get / did anything change
2) where you questions much about why (you mentioned not wanted to seem petty - which is why weve waited so long
3) what happened in the end - did it get resolved - did the mother get 'punished'
4) are the orders being followed now/did it work