Hi All,
Here is the summary. I want to seek some compensation. There are a few other minor breaches I can bring up in the contravention (ie, enrolling kid in kinder without discussions). Seeing if a judge may consider it a breach. Interestingly, the Act mainly goes through situations where children were withheld, this is the opposite.
1) had kids for 10bdays. Was due for a 3 day break. I had work commitments arranged (multiple meetings during the next two days,). I work for myself. It is school holidays.
2) at 10am the ex texted 'remember to drop kids off at 8:30am tomorrow'. at 11:47pm she said she tested positive for covid and I'd have to look after kids for next 3 days.
3) I said I had commitments and couldn't and suggested she work out arrangements. I said I could take kids at 6pm the next two days so she needed to organise a baby sitter or something. She basically said bad luck they are your responsibility.
4) her mum ended up taking my daughter (18 months) and I took my boys (3 and 5). She refused to answer questions such as: can your mum/sister look after the boys, do you have a baby sitter.
5) the next morning I rung around (daycare, babysitter) to try and find someone. No avail and I had to cancel work commitments.
6) the ex refused to take a photo of her holding the test. The ex said she was not in Melbourne as covid restricted her travel. Then later said she was in Melbourne.ex refused to provide evidence of her uploading positive rest to Vic gov.
7) later in the week,she wanted to see my daughter (I had her by this stage. Her mum had 3 nights). Although I had doubts she had covid I didn't want to give her access as it was still in the isolation period. She tested me that she tested much earlier than when she told me she tested positive (in an attempt to claim she wasn't in isolation).
Not working was a pain as I had full days booked and lost 2 days work. My ex refused to provide evidence. She contradicted herself (location wise) and then admitted there was a delay (her assumption at least a day) before she advised me of the test (in contradiction to her text the day before confirming drop off. Were you positive or not?). Basically she is flip flopping.
I want to lodge a contravention and seek compensation for days work lost (no direct income lost as I'm not a plumber but consultant. So more kicking can down the road. But I still lost 2 days of work). Reasons being:
1) it was her responsibility to arrange alternative care. legal aid NSW note of their website in regards to covid: 'Remember, you cannot force the other parent to look after your children. It is best to make alternative plans now and think about other people you trust to look after your children if their other parent is unable or unwilling to'. She made no effort with the boys. Her mum has looked after multiple kids before.
2) there is doubt whether she had covid (she could prove this in court but judge won't appreciate her refusal to provide me that evidence)
3) there is doubt over where ex was located. Was she still on holiday? Was she in Melbourne?
4) her admission she didn't tell me of her diagnosis when it occurred. Instead texting me at 11:47pm when I was in bed the night before 8:30am changeover.
**other**
I am all up for the fight. I don't get emotionally involved. I play a straight bat. But don't let her get away with her dysfunctional s**t. Advice I have received is if you let them (Likely BPD ex) get away with something they'll keep trying it. This has shown true in other aspects so I want to send her a lesson that she can't play these games without consequences.
Here is the summary. I want to seek some compensation. There are a few other minor breaches I can bring up in the contravention (ie, enrolling kid in kinder without discussions). Seeing if a judge may consider it a breach. Interestingly, the Act mainly goes through situations where children were withheld, this is the opposite.
1) had kids for 10bdays. Was due for a 3 day break. I had work commitments arranged (multiple meetings during the next two days,). I work for myself. It is school holidays.
2) at 10am the ex texted 'remember to drop kids off at 8:30am tomorrow'. at 11:47pm she said she tested positive for covid and I'd have to look after kids for next 3 days.
3) I said I had commitments and couldn't and suggested she work out arrangements. I said I could take kids at 6pm the next two days so she needed to organise a baby sitter or something. She basically said bad luck they are your responsibility.
4) her mum ended up taking my daughter (18 months) and I took my boys (3 and 5). She refused to answer questions such as: can your mum/sister look after the boys, do you have a baby sitter.
5) the next morning I rung around (daycare, babysitter) to try and find someone. No avail and I had to cancel work commitments.
6) the ex refused to take a photo of her holding the test. The ex said she was not in Melbourne as covid restricted her travel. Then later said she was in Melbourne.ex refused to provide evidence of her uploading positive rest to Vic gov.
7) later in the week,she wanted to see my daughter (I had her by this stage. Her mum had 3 nights). Although I had doubts she had covid I didn't want to give her access as it was still in the isolation period. She tested me that she tested much earlier than when she told me she tested positive (in an attempt to claim she wasn't in isolation).
Not working was a pain as I had full days booked and lost 2 days work. My ex refused to provide evidence. She contradicted herself (location wise) and then admitted there was a delay (her assumption at least a day) before she advised me of the test (in contradiction to her text the day before confirming drop off. Were you positive or not?). Basically she is flip flopping.
I want to lodge a contravention and seek compensation for days work lost (no direct income lost as I'm not a plumber but consultant. So more kicking can down the road. But I still lost 2 days of work). Reasons being:
1) it was her responsibility to arrange alternative care. legal aid NSW note of their website in regards to covid: 'Remember, you cannot force the other parent to look after your children. It is best to make alternative plans now and think about other people you trust to look after your children if their other parent is unable or unwilling to'. She made no effort with the boys. Her mum has looked after multiple kids before.
2) there is doubt whether she had covid (she could prove this in court but judge won't appreciate her refusal to provide me that evidence)
3) there is doubt over where ex was located. Was she still on holiday? Was she in Melbourne?
4) her admission she didn't tell me of her diagnosis when it occurred. Instead texting me at 11:47pm when I was in bed the night before 8:30am changeover.
**other**
I am all up for the fight. I don't get emotionally involved. I play a straight bat. But don't let her get away with her dysfunctional s**t. Advice I have received is if you let them (Likely BPD ex) get away with something they'll keep trying it. This has shown true in other aspects so I want to send her a lesson that she can't play these games without consequences.
