Going away for such a lengthy time wasn’t on the cards due to my specialisation... but it happened... I won’t be going away in the future, nutnyeah it was something I should have considered. I presumed there would be no reason for her to stop me FaceTiming her at all whilst away thought, the joys of assumptions huh
NSW Contravention Order - Ex No Longer Following Court Orders?
- Thread starter Peter_P93
- Start date
You fill out the application for contravention form
List the contraventions
fFle an affidavit supporting your application
Serve her a copy
Get a date
Hope your judge loves the defence forces personnel
You could chance your arm and ask for an urgent listing but i dont like your chances so in the meantime you have to continue to try to get her to change her mind.
Application - Contravention - Family Court of Australia
She has a solicitor? - write to the solicitor - mention that the posting was out of your control - cite orders mother is not following - include stopping FaceTime when you were posted - remind that mother’s non-facilitation is in breach of the orders - advise that in the event mother continues to refuse to facilitate any time between you & child you will be filing an urgent application to have the orders enforced. Could help jolt her willingness to negotiate - document everything.
Can you tell us a bit more about the court orders? did they specify anything about what happens in the event that you go OS for military service?
Ok so this is a bit messy... But my understanding is that the primary carer has the responsibility to follow the orders. So for illuminations sake, orders say dad has the kids every second weekend. The courts cant force him to be at the designated location to pick the kids up. But the courts do expect the primary carer to follow the orders. So the court will ask, is there a reasonable explanation as to why you didn't follow the orders and now want them followed. The answer is YES... Does the ex have a good excuse for not following them now your back home? Don't think so... not based on what you've posted.
Mate go see a solicitor, get paperwork filed for a contravention. That means you can by-pass mediation. Sure you could do the paperwork yourself, but there seems to be a bit of urgency for you, so pay the money instead of filing yourself, making a mistake and having the paperwork bouncing around until you get it right... I like to encourage people who feel confident enough to self represent, but I reckon you'll get a better result faster with a solicitor....
Ok so this is a bit messy... But my understanding is that the primary carer has the responsibility to follow the orders. So for illuminations sake, orders say dad has the kids every second weekend. The courts cant force him to be at the designated location to pick the kids up. But the courts do expect the primary carer to follow the orders. So the court will ask, is there a reasonable explanation as to why you didn't follow the orders and now want them followed. The answer is YES... Does the ex have a good excuse for not following them now your back home? Don't think so... not based on what you've posted.
Mate go see a solicitor, get paperwork filed for a contravention. That means you can by-pass mediation. Sure you could do the paperwork yourself, but there seems to be a bit of urgency for you, so pay the money instead of filing yourself, making a mistake and having the paperwork bouncing around until you get it right... I like to encourage people who feel confident enough to self represent, but I reckon you'll get a better result faster with a solicitor....
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