Update:
Court went as well as can be expected. The judge said my application was far too long and too complicated to go through within a limited timeframe. She asked my ex if the orders have been complied with... Ex said yes after she was asked for a third time.
Judge asked for a general overview of what is happening, questioning my ex on why she feels as if she has all the control in this situation. Basically, Judge moved the next court location closer to where I have moved recently and also ordered mediation. She said during court that my ex needs to travel from QLD to where I reside to attend mediation as we need to be in the same room. She said that mediation will be to change the existing orders to reflect the current situation and to sort out issues between myself and my ex.
My ex did not object to this. We have 7 days from Tuesday to contact the appointed mediation location. However on the procedural orders, it states that both parties attend mediation at X.
When I called, they advised me of costs. Upwards of $250 for the initial session (for each of us) , $200 if I need to "invite" the ex to attend and then upwards of $500 for the actual mediation (for each of us). Ex told me that I shouldn't have to invite her to attend mediation because the courts have ordered it.
My ex is solely reliant on Centrelink payments and after she contacted them she requested to be able to look for other options in order to lower costs.
I agreed in order to lower costs however still maintained that my ex would need to physically attend.
She also asked if we were able to negotiate the court order terms outside of mediation in order keep the mediation time less than 1 hour (to again, lower costs). I agreed and sent her a draft proposal for court orders that I believe to be fair for both parties. She would maintain majority custody.
Well that was yesterday.
Today, I received a message from my ex advising that she has made an appointment with Relationships Australia closest to her location (in QLD) and sent me details for the Relationships Australia closest to my location and asked if I were willing to go through them. I asked her how that will work as the Judge said we need to be in the same room. I said that I would need to consent to her attending mediation at Y instead of X and if I didn't and she continued that she would be in contempt of the procedural orders. She has stated that she will be keeping her appointment at Y.
My question is, if I call X as per the court orders and arrange an appointment and have to "invite" her to attend, firstly, will this be a considered as another 'major' contravention? Can I put her up for costs of mediation given that she doesn't attend mediation at X as per court orders?
The Judge stated that my application will need to be amended if the contravention hearing goes through (given that mediation fails).
Will I need to file another application the same as I did the first time (through the federal circuit court) and serve documents etc again...? Or can I upload the amendment through the ComCourts portal?
