QLD Family Court - Clarification of Family Court Order?

[CHRIS VERFURTH]

Ok.

1. Family court orders state that we both get half school gazetted holidays, that if we cannot agree, we will go to a default of week about. Family court orders also states that holidays commence at 3 pm on the last day of school.

The father, me, will have the child at the beginning of the holidays on even years, so my ex is disputing that these easter holidays begin Friday and not as court orders say (on Thursday) when school finishes. She will not agree to half holidays instead, wishing the default of week about, but is trying to deny Thursday night and also wishes to have 8 nights for her second week, while only allowing me no more than 7 nights.

Thoughts, please?

2. She is entitled to travel to France for six weeks per year. I have to pay "fare" for the child every second year, it states fare. The international flight is broken down into basic Fare and Airline surcharges and taxes, if she had to cancel within 48 hours, she would lose the fare but be refunded the surcharges and taxes.

My question is I believe I only have to follow the wording of orders and pay the fare component, is this right and would it stand up if we went back to family court, if I only pay fare component and she says that is a breach, will they accept that as a reason to go back to family court?

These are final orders. Are you able to clarify as best you can?

 

[sammy01]

On the first one she is wrong (in my opinion). But is it worth court? Nope. Same answer reversed with the second. I reckon the intention of the order was that you pay half the expenses. So that is the cost of getting the kids from A to B. But again, if you choose to only pay the airfare, I reckon you're breaching. Is it worth her taking you to court over it? probably not.

No more legal help, but some personal opinion. I reckon you're both playing nit pick. It is a crap game. Mate, my ex would change when she decided the holidays started to suit her. Friday, Saturday, the Monday after the weekend when school broke up. I'm a teacher, so she also wanted the student-free days counted as holidays and every time the intention was to minimise my time with the kids.

Initially, I used to fight, send emails, argue, etc., but then I changed my approach. I figured that over a year, her fluctuations could cost me maybe 7 or 8 nights with the kids, even though at that time they lived mostly with her, but I just decided I wasn't gonna get involved with stupid games because most of the time I lost and I hated sitting at McDonalds on the Friday waiting for her to drop off the kids and I hated knowing she wasn't coming.

I hated sending her a text message telling her that she'd breached the orders, etc., but what I hated most was the smug look on her face when she dropped them off at the time she decided was right and knowing that she'd won.

So I just chose to change the way I played the stupid nitpick game. I made up a new game called I don't give a f***k. I won that game by making sure the ex couldn't give me that dumb smug smile, and eventually, I genuinely became ambivalent emotionally to the crap and when that happened my life got lots better.

 

[CHRIS VERFURTH]

On the first one she is wrong (in my opinion). But is it worth court? Nope. Same answer reversed with the second. I reckon the intention of the order was that you pay half the expenses. So that is the cost of getting the kids from A to B. But again, if you choose to only pay the airfare I reckon you're breaching. IS it worth her taking you to court over it? probably not.

No more legal advice. But some personal advice. I reckon you're both playing nit pick. It is a crap game. Mate my ex would change when she decided the holidays started to suit her. Friday, Saturday, the Monday after the weekend when school broke up. I'm a teacher, so she also wanted the student free days counted as holidays and every time the intention was to minimise my time with the kids

Initially, I used to fight, send emails, ague etc.... BUT then I changed my approach. I figured that over a year her fluctuations could cost me maybe 7 or 8 nights with the kids. Even though at that time they lived mostly with her. But I just decided I wasn't gonna get involved with stupid games because most of the time I lost and I hated sitting at McDonalds on the Friday waiting for her to drop off the kids and I hated knowing she wasn't coming. I hated sending her a text message telling her that she'd breached the orders... etc But what I hated most was the smug look on her face when she dropt them off at the time SHE decided was right and knowing that she'd won.

So I just chose to change the way I played the stupid nit pick game. I made up a new game called I don't give a f***k. I won that game by making sure the ex couldn't give me that dumb smug smile. And eventually I genuinely became ambivalent emotionally to the crap and when that happened my life got lots better.

My question would be, would the court allow her to take that breach back considering I have given her the basic airfare and is that a significant breach for them?

I still would not be able to pay the remainder at any rate as I am unemployed and she has left me destitute after a $200,00.00 court case to get 43% which I have. I would have thought that it was not a significant enough breach, she breaches all the time. I do not even raise an eyebrow. She, on the last trip, stopped both ways in non Hague convention country which it stipulates she must not. She did not and has not returned the passport to registrar from last trip as orders state, so no I do not take everything personal, but I have explained I have no more to give and it does cover basic fare. I am not trying to deny her, but I would have thought that exact wording in orders stands for something, and should not have to be interpreted, after all,

All International Flights are broken down into Airfare and other Airline Surcharges.

 

[sammy01]

Ok, so let's have another go at this. Is it a breach? Probably.

Would a judge lock you up for life? Nope.

Is it even worth her filing for contravention? Not in my opinion, but you spent $200 000 in family law so that says to me that there is a lot of conflict here.

Mate, if you can afford $200 000 then paying the taxes, etc., for airfares ain't gonna kill you. But if you choose not to, then you're risking another court case for the contravention. Might win, might not.

Simple.

 

[CHRIS VERFURTH]

ok so lets have another go at this. Is it a breach? probably. Would a judge lock you up for life? nope. Is it even worth her filing for contravention? not in my opinion. BUT you spent $200 000 in family law so that says to me that there is lotsa conflict here. Mate if you can afford $200 000 then paying the taxes etc for airfares ain't gonna kill ya. But if you choose not to then you're risking another court case for the contravention. Might win might not...Simple.

Thanks for the reply.

My parents mortgaged their house to keep both parents and family in this country for my daughter's sake. She keeps putting obstacles. I have just given my last bit of money to her for this. I have no more nor do my parents, that is why I asked. So I guess if she will take me to court, that is what will happen. I cannot even find an extra $100.00 to give her.

 

[AllForHer]

Does she have a lawyer?

 

[CHRIS VERFURTH]

Thanks for the reply.

My parents mortgaged their house to keep both parents and family in this country for my daughter's sake. She keeps putting obstacles. I have just given my last bit of money to her for this. I have no more nor do my parents, that is why I asked. So I guess if she will take me to court, that is what will happen. I cannot even find an extra $100.00 to give her.

No legal aid stopped as she had, I guess, an unwinnable case. DVO was dropped and found false - usual things. She tried criminal court and said I stole her passport, but I was found not guity. She burned it and tried to lie. She also ran away first to a woman's shelter and was told to leave once no DVO was claimed. She kept my daughter from me for 6 months, when she was just 6 weeks old.

The offer from her was that she live in France with daughter and I could see her 4 weeks every two years? So she wanted to go right through with final orders even though she knew she would not get it.

I guess she feels as if she lost, but my daughter won - she gets both of her parents.

My ex will do anything that will drain me and my parents of money. We have been supportive, my parents have so far paid for flights for her parents to come and visit our daughter while still at court. They bought her 2 second-hand cars in last 3 years, so our daughter can get to handovers and for the mother to shop, work, etc.They have put up with abuse and alienation, but, as they say, she will be my daughter's mother forever, so we must do all we can to help.

They do not need pay anymore. They are sixties and have to pay my court costs out and support me. They are not wealthy; they have now sold there block of land which is the only investment they had to pay out some of the loan.

I cannot get unemployment benefits because of days I have with my daughter, and god forbid if anyone looks after them, I will be back in court so that my ex can say they may as well be with her if I am not home.

She has no fear of court. She made sure she dragged it on and on. I tried to mediate and tried to put consent orders in place, but she wanted final orders and a trial so she could relocate. So I guess if fighting to keep my daughter in Australia where she was born and has lived so she could have both her parents in her life is classed as conflict, then yes, I am guilty of doing that. I never asked for more than what I have now, and I never tried to take my daughter away from my ex.

My daughter needs us both, we are her parents. I cannot come up with an extra $800.00. She wants the $700.00 I have given her, which was, in fact, my 30th birthday present from my grandparents, so I could take daughter to Victoria to visit them. They have not met her yet and she is almost 4.

I am aware that she is on the pension, as well, but I cannot give her money I do not have.

So I guess all I can hope for is the judge will see I have done my best, and will not reduce my time as a consequence?

 

[Anubis]

Not worth Court.

Try some dispute resolution. It might assist. It might shore up later court but what your daughter needs is to not be the subject child in ongoing, bitter proceedings. Best possible outcome is to stay out of court.

There is wrong with what she is doing but in the scheme of things it is little and about hurt feelings.

Sometimes it is not about being right.