NSW Ex Withholding Sick Children - Breach of Family Court Orders?

[thatbloke]

It is a bit of an odd order having to prove where you live over and over again. As Sammy said, a rental agreement and/or a driving licence really should suffice. Why did YOUR lawyer add such a weird order in if SHE moved?

 

[Bill1979]

Yes the order just says have a residential address in the area, and since I have been here for over a year now I think it can probably be requested to be removed. I think my lawyer added it to show that I had no intention of taking the children back to QLD and was interested in staying in the area, and yes she was the one who relocated unilaterally, though did it over time by lying and saying that she was only going for a couple of weeks to visit family. Given I am a trusting person I took her at her word which unfortunately turned out to be lies.

 

[AllForHer]

My view?

I don’t like the advice to do nothing.

It’s better to address contraventions earlier rather than later because the longer it goes on, the more it looks like you’re agreeable to the mother’s behaviour.

A parent withholding time is one of the very few contraventions that the Court takes seriously. Even if nothing comes from it, you’ll be showing the mother that you will not be complacent in how these orders are carried out.

 

[sammy01]

Get the paper trail going. Inform her that as you're now living in the area and have been for XXX months you expect the orders that pertain to that arrangement to be implemented and ask her WHEN NOT if it is going to start...
Have the paper trail.

 

[NathanT]

I should include that this is the second week in a row she has witheld them for various reasons. If she does not show up this weekend I would not have seen them for a month.

This has happened to me many times. Constant contravention of the court intermin orders. I don’t think when it was brought up during trial that it mattered much. I wish I had taken matters in my own hands and held my child over so that at least we had some time together. No doubt it was the ex’s evil plot to alienate.