NSW Family Court Orders Restricting 14-Year-Old to Live with Me?

[Jakota]

One option is to have him live with you and you tell the ex you are not applying for a change in child support and you say in the same conversation the alternative is new court orders with a change of child support.

Advantage of this is your son is looked after quicker, convenient for you/less stress, no court/lawyer fees. Disadvantage you pay more than you need in child support and your costs go up.

Otherwise see my first post and go to court.

I actually tried that option, and the judge put my option as "Deception for advantage" and using child support money as a bargaining elements to get the result of my desire.. " and I got into big trouble by the judge.. as the judge say .. I need to be focus on "whats best for the child.... and it has nothing to do with money for child support

 

[Jakota]

Okay, so what would I do?

If I was absolutely sure the child was couch-surfing and most definitely wasn’t living with Mum, I would contravene the orders and tell the child he can stay with you.

The legislation holds that a party won’t be held in contravention if they have reasonable grounds for going against the order, and I think you have a decent chance of arguing that you have reasonable grounds in these circumstances.

Provided there isn’t a long history of contravening the orders on your part, then the Court is also unlikely to dish out any punishment harsher than a bond if you do fail to establish reasonable grounds.

In short, I think the risk associated with contravention proceedings is significantly less than the risk associated with a 14yo child couch-surfing all over town.

You have shared parental responsibility so the Court obviously considers you a capable parent. Do what you need to do, and tell Mum that it’s better for the child to stay at one of your homes than on a different couch every night.

How long has it been since the recovery order was made?

There is no recovery order as it stand..

in the last orders on the 3rd April, the judge ordered that I return to the mothers' care. I didnt receive the orders until 8:30am from my lawyer, but I already deliver the child to the "agreed change over place.. (maternal mother's house).. but the judge orders states that to return to mother's residence. The mother lawyer emailed to me saying that he was received by the maternal mothers at 7:30am, and that he is gone to school, and the mother is arranging to pick them up at 3:30pm after school..

At 3:30pm.. he never showed up and went to his friend's places and been staying around.. but on daily basis, he would sms me, his principal, and his mum (now and then) that he is safe and sound,.. and that he is attending to school..

I spoke to him.. numerous times, and he is doing fine.. but he fear of returning home due to his older brother threatening him..

Her lawyer claims that I breached the order because he was never returned to the mothers residence, even after her lawyer acknowledged of being received.. am I in breach??

I have repeatedly requested him to contact his mum and sort things out.. but its not progressing at all..

 

[Rod]

Hmm, OK then try AllForHer's approach or go back to court.

Your lawyer should be able to find precedents for this kind of scenario.

 

[Rod]

In your previous case did the children have the own independent lawyer? If so, what did the report say and what did the Judge say about it?

If there was no independent lawyer because it was done by consent, maybe it is time for one.

 

[Jakota]

In your previous case did the children have the own independent lawyer? If so, what did the report say and what did the Judge say about it?

If there was no independent lawyer because it was done by consent, maybe it is time for one.

There is an ICL involved, but he proposal was not considered as the Judge refuse to separate the siblings (Twins), as there is he see no clear evidence of Threats.

Right now, my son has been living from place to places since beginning of the month, last time I took him in, I was instructed to return him.. I am at shock and disappointed that an order from the judge is putting to ruin my son's life.

ps: as I am a recipient of legal aid, If I am to breach the order, I can ended up loosing legal aid..

 

[AllForHer]

You have a lawyer then? What’s their opinion?

 

[Jakota]

My legal Aid lawyer is saying, I am at breach of the court orders as the Child was not return to the Mothers Residence.

As mentioned before, I returned the boy in accordance with the existing parenting orders which was mutually agreed exchanged place at 7:30am before I received a copy of the judge order at 8:35am, further at 10:35am the mother's lawyer confirmed that they have received the child and the mother is to pickup the kid after school.

And my Lawyer is telling me that I should let the kid see his mother.. and I explained to him multiple times, the child is not with me, and I cant force him to any thing especially when he is not even with me.

We had a family consultant meeting for child inclusive just a few days ago, and the family consultant spent less than 20min with me to assess what is happening, and also less than 15min with each boys. (The child turn up on his own, and I had to sign him in and sign him out.. .. we came out.. but when I went to bathroom, he took off.. and when I call him he said, he had to go .. and that he is all good...

The family consultant report should be out in next 1-2 days, and based on that my lawyer is suggesting we can negotiate.. but from the mothers lawyer they are not interested in negotiating at all, and that even though the kid is scheduled to be in her care, they are blaming that I did not comply with the court orders thus I am at breach..


Best Regards

Win

 

[AllForHer]

So you have in writing from the mother's lawyer that the child went back into her care? Then why is your lawyer saying you're contravening the orders?

Something seems so amiss here. It's been what, two weeks since the current orders were made? Have you spoken to your lawyer since the mother's lawyer confirmed the child had been returned?

 

[Rod]

my Lawyer is telling me that I should let the kid see his mother.

Might be time to get paid legal advice.

I can sort of see why a judge would not want to split twins as twins often have special bonds. However in this circumstance the best interests of one, and therefore both, is not served by having a 14 yr old living away from either home.

If the judge rules that way again with the new change in circumstance might be time to appeal.

 

[Jakota]

So you have in writing from the mother's lawyer that the child went back into her care? Then why is your lawyer saying you're contravening the orders?

Something seems so amiss here. It's been what, two weeks since the current orders were made? Have you spoken to your lawyer since the mother's lawyer confirmed the child had been returned?

yes.. my lawyer is saying techincally I am at breach.. but the mother lawyer is not relisting the matter as initially they claimed I am at breach.. but then.. once we outlined how their lawyer emailed of the acceptance of delivery they have been quite... and requesting that I return the child.. (requesting and demanding only.. ) and refuse to inform FaCS or relist..