will having to do mediations nullify filing a contrevention

[jackstar]

hi all ,,i have existing final orders and ex is not compliying anymore and i tried to file contraventions but was made to do mediations ,,i was concerned the past 6 months of not complying will just be null and void by doing mediations and the ex will just get away scott free as per usual

 

[AllForHer]

Well, unless he's been withholding the child from you, the Court's going to probably just impose a bond provided you can prove the contraventions, which will most likely feel like he's being let off scot-free anyway.

But yes, you do have to do mediation. The Court prefers resolution of disputes over punishment for disagreement in parenting matters. If it can't be resolved at mediation, then take it to Court.

 

[Blessing]

I'm guessing it has been over 12 months since you got the final orders. The purpose of the mediation is for you to consider what you want to achieve with contravention application. Do you want your ex punished for contravening the orders? or do you hope the orders will be varied?

to answer your question no, mediation will not nullify the contravention. If you don't resolve the dispute at mediation you can still file your contravention application.

 

[jackstar]

Well, unless he's been withholding the child from you, the Court's going to probably just impose a bond provided you can prove the contraventions, which will most likely feel like he's being let off scot-free anyway.

But yes, you do have to do mediation. The Court prefers resolution of disputes over punishment for disagreement in parenting matters. If it can't be resolved at mediation, then take it to Court.

,,yes orders were in 2010 and have been fine up till xmas time and now daughter is 11 her mum has claimed etc etc and has withheld since xmas and refuses to answer phone for past 3 months ,,and the rubbish she has been saying is just rediculas ,eg i can come and see our daughter at her place in front of our daughter then 3 weeks later states she has to protect our daughter from me and not to come to her place etc when our daughter isnt listening .and on phone is in the back ground telling our daughter to say not to come to school to come for weekends and theres so much more rubbish which i will obviously have filed ,,basicaly she madew our daughter choose while in front of us both at xmas time which i was descusted in her making her do that and then daughter is so upset for saying and not going against her mum ,,she dont want to be loseing her ipad and be punished etc etc

 

[AllForHer]

So, you haven't seen the child since last Christmas? What do the orders say about when the child spends time with you? How often is it and is it meant to be supervised?

 

[jackstar]

orders are friday to monday one weekend ,thursday to friday next weekend ,half school holidays ,,birthdays etc and phone calls tuesdays ,,if the 2 partys dont agree ,,this has been since 2010 and many times ill have even more eg when her mum wants to do something then i am the allowed dad eg when she wants to do things that she dont want to do with our daughter ,,like holidays and trips day trips etc ,,and no as for supervised i even have 3 willing and able and protective letters from docs since 2012 due to rubbish being said about me ,,

 

[sammy01]

do mediation - then go to court.

 

[jackstar]

do mediation - then go to court.

yearh ive been waiteing 4 months for the dam mediations

 

[sammy01]

do you have any legal advice? solicitor?

 

[jackstar]

do you have any legal advice? solicitor?

only the free community legals ,,i had damaged my back badly at december and been off work since and obviously laywers cant answer phone without 2k and legal aide havent been very helpfull