My husband has a wonderful 13 year old son who spends time with us 5 days a fortnight and half holidays. These orders were agreed by and set in Court in 2015 and most recently in late 2017 when we went back to court to organise 50:50 but decided it was too stressful for the child to be put in a position to "choose" what he wanted to do. The child, Judge and BOTH parents agreed to keep the Orders as they were.
Trouble is, the Mother is refusing to return him to his Father for his time for the last 18 visits that should have been his time since 15 February 2018 stating that the child doesn't want to see his Father. This also includes her signing him out of school early on the days the Father is to have him (happened 5 times) or he is kept away from school all day on a day that the Father is to have him (happened 3 times).
This has come from nowhere and his Mum has also bought him a new mobile phone on the 1st day she didn't return him and will not provide us with the number as "it is for her and his friends" and the child can use "his old phone" to communicate with the Father on. This is not in alignment with our Court Order. Text messages from his son aren't characteristically like him and are worded in a way that we believe he is being significantly influenced by the Mother and supported to feel that he can choose what he wants to do.
Relationships Australia has been organised and she never attends so we are expecting a section 60i certificate.
YES we have already sent two letters via registered post with the court orders attaching stating what the orders are, when we should have them and warning her that court will proceed if she doesn't follow them.
ADVICE: Do we apply for a contravention or a recovery? Suggestions and Advice please!
Trouble is, the Mother is refusing to return him to his Father for his time for the last 18 visits that should have been his time since 15 February 2018 stating that the child doesn't want to see his Father. This also includes her signing him out of school early on the days the Father is to have him (happened 5 times) or he is kept away from school all day on a day that the Father is to have him (happened 3 times).
This has come from nowhere and his Mum has also bought him a new mobile phone on the 1st day she didn't return him and will not provide us with the number as "it is for her and his friends" and the child can use "his old phone" to communicate with the Father on. This is not in alignment with our Court Order. Text messages from his son aren't characteristically like him and are worded in a way that we believe he is being significantly influenced by the Mother and supported to feel that he can choose what he wants to do.
Relationships Australia has been organised and she never attends so we are expecting a section 60i certificate.
YES we have already sent two letters via registered post with the court orders attaching stating what the orders are, when we should have them and warning her that court will proceed if she doesn't follow them.
ADVICE: Do we apply for a contravention or a recovery? Suggestions and Advice please!
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