WA Ex Not Following Family Court Orders - What to Do?

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AllForHer

Well-Known Member
23 July 2014
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And is your partner seeking a change of residency? Or at the very least, some form of family counselling for the purposes of reunification?
 

AllForHer

Well-Known Member
23 July 2014
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Good. I don't know the WA system as well as other states, but courts are becoming more and more proactive about ensuring children have a relationship with both parents, and will change residency where it deems it necessary to do so in order for the child to have those parental relationships upheld.

If the consultant writes into their report that they suspect the mother is coercing the child and deterring her from having a relationship with the father, then the father will have a much better case to argue that the child should live with him and have a period of no contact with the mother while the child settles.

Just make sure he doesn't descend into damning the mother. If he can show the court that he wants the child to have a relationship with both parents, it will improve his position.
 
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CasKat

Well-Known Member
1 February 2016
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Good. I don't know the WA system as well as other states, but courts are becoming more and more proactive about ensuring children have a relationship with both parents, and will change residency where it deems it necessary to do so in order for the child to have those parental relationships upheld.

If the consultant writes into their report that they suspect the mother is coercing the child and deterring her from having a relationship with the father, then the father will have a much better case to argue that the child should live with him and have a period of no contact with the mother while the child settles.

Just make sure he doesn't descend into damning the mother. If he can show the court that he wants the child to have a relationship with both parents, it will improve his position.
Ok so keep holding our breathe and keep our fingers crossed. This is such a hard thing for us and the child to go through
 

CasKat

Well-Known Member
1 February 2016
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I have definitely lost faith. And will be giving up sooner rather than later.

Went back to court and the Judge had firm words with the mother and appointed an ICL. The mother argued and raised her voice at the judge on every comment and the judge said nothing.

Mother is still refusing to comply.
 

sammy01

Well-Known Member
27 September 2015
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I hope you stick with it.... and I hope the magistrate does the right thing. Please keep us informed how you go
 

AllForHer

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23 July 2014
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Please don't give up. A father recently gained full residency of his kids because the mother frustrated his time with the kids repeatedly for two years. There was no violence, he was perfectly calm and patient through the whole process, and eventually the court said enough was enough and the kids went to live with dad.

Don't think the antics go unnoticed.
 

sammy01

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27 September 2015
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Yup, I agree with the other poster... Look, sometimes I think the family law system is slow deliberately. Why? Well, the magistrates want people to work it out for themselves and those who don't well generally the un-friendly parent is the one who gets cricified. Short version - magistrates give each party an opportunity to prove their situation and the way she is behaving ain't gonna work out for her long-term.
 

CasKat

Well-Known Member
1 February 2016
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Your comments make me want to cry in hopes for the best outcome.

The ex answered the phone instead of the child the other day yelling and screaming at my partner telling him he doesnt deserve children and he should be ashamed to call himself a father. (Lots of other things too) everything is documented and sent to our lawyers straight away.

Would it be worth while to continue with enforcement orders and contravention orders or just let it run the magistrate track? Our next date isnt until August for progress reporting from the ICL...