Family Court... Contravention

[Sisterofabrother]

Hey, So I'm the Aunty in this case.

My brother was granted 49:51 custody October 2017 and since then EX has been contravening them since.
Example:
* She was court ordered to take her child to basketball but she has stopped since Jan 2018.
* She was court ordered to which weekend she was to have the kids but then wanted to swap and missed 7 out of 9 weekend last term.
* she has booked flights interstate during my brother time and said that he has to give the kids to her.
* she left the kids at another house for 5 days when her orders say that she has to be there every second night in the particulars.

Next week he has a Contravention hearing but he has not got a barrister for the day... do you think that he should have one? What happens in Contravention hearings?

 

[thatbloke]

1: Don't waste your time with a contravention
2: The court cannot force parents to see kids so dont waste your time with a contravention. What was the reason for swapping, work? If it is a regular thing, is there any harm in changing the weekends? If its just erratic and random, then do not change a thing
3: He certainly DOES NOT have to do what she said, She is talking out of her backside but, you could offer her a time swap, who knows.. there might be a time your brother will want to swap times. If she won't budge, she loses out
4: Who was it with? How will you ever prove it and even if you can its only a slap on the wrist thing, if that.

I would say he is wasting money on a barrister and should just forget the whole thing as they are all likely to be dismissed, well maybe the last one won't but nothing will happen to make paying a barrister worth it

 

[Sisterofabrother]

Thanks so much for your reply... I had not thought of it from that angle. The whole system makes me sick. Why have orders if you don't get made to follow them. They are in the best interests of the KIDS. I wish that she would just put the kids first and stop all this game playing.

 

[MartyK]

2: The court cannot force parents to see kids...

An anomaly - spend years in court fighting, if that is the case, have orders made - both are bound by the orders.

Parent witholds without reasonable excuse - contravention established - one of several remedies imposed.

Parent doesn’t turn up per orders - don’t bother as you can’t force a parent to spend time with their children, even though they are also bound by the orders - option, attempt to have orders varied - more court, more fighting.