NSW Filing contravention order

[Philly2020]

Final orders were signed by consent only several weeks ago. High conflict parent B has since refused to follow the order stating they will not be facilitating the contact at all. High conflict parent B states child doesn’t want to speak to other parent and will not force or even encourage this. High conflict parent B had history of withholding child and alienation previously.

It is predicted high conflict parent B will continue to withhold child and not comply with the contact in orders and parent A has evidence of parent B stating this in text message.

Is it likely a judge would consider filing a contravention for not facilitating contact twice a week as per the orders, trivial and a waste of courts time?

Parent A is considering waiting for 3 months before filing contravention showing history of whole time not following this order.

Parent A has 50/50 parental responsibility and custody.

 

[Atticus]

Very little happens quickly in family courts ... If there are contraventions already & hard evidence of a flagrant disregard for the orders of the court, I would be filing contravention immediately

 

[Philly2020]

Thank you. Parent A was of the understanding it may be frowned upon bringing it back to court so soon, and thought despite the flagrant disregard it would be best to establish a pattern before filing a contravention.

 

[Atticus]

If the parent has already started ignoring the order after a few weeks, & the evidence is there for that to continue, that's evidence enough.... By the time it gets to court, there will probably be more instances anyway.

 

[Philly2020]

Ok thank you, that’s helpful

 

[Atticus]

Only reason I would hold off is if the withholding were related to restrictions on travel due to emergency COVID restrictions

 

[Philly2020]

Only reason I would hold off is if the withholding were related to restrictions on travel due to emergency COVID restrictions

There is currently no withholding, only the refusal to facilitate twice weekly phone calls which are court ordered.
Previously, withholding has occurred several times, but not since new final orders have been signed.

Could you tell me if it is possible to file a contravention of interim orders after they have been dismissed and final orders are made? The contravention occurred while the interim orders were in force.

 

[Philly2020]

Basically, Parent B kept child for 3 days during parent A ‘s time without permission. Mediation occurred 2 weeks later and final orders were made by consent. Is it too late now to file a contravention of the interim orders for the time child was withheld? This occurred in Jan 2021, very recently.

 

[Atticus]

There is currently no withholding, only the refusal to facilitate twice weekly phone calls which are court ordered.
Previously, withholding has occurred several times, but not since new final orders have been signed.

Okay ... well that does alter the urgency around filing contraventions ... Probably better to hold off then

Could you tell me if it is possible to file a contravention of interim orders after they have been dismissed and final orders are made? The contravention occurred while the interim orders were in force.

If the matter has been dealt with, then was the time to seek make up time...

 

[sammy01]

ok, not sure if I'm reading this right.
As to phone calls. Look, I hate my advice but I'd give up on that one. Some battles are just not worth it.
But is mum also refusing to give access as per orders?
and what sort of time do the orders stipulate you're to have with the child?