NSW Need help on what to do as not to breach orders

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Margaret may

Active Member
8 July 2016
7
0
31
Northern territory
so I have court orders by consent with child's father
Child is to live with me and spend time with father mid week weekend and holiday , no times days are stated only on agreement at reasonable times I have never breached orders even after months of no contact and 20 minutes to have child ready for visitation
So reports to dhs have been made by an independent party about drug use in front of child both cannabiss and ice , father has been homeless in last few months , he is now couch surfing or in car .he will not give updated address ( he denies being homeless)even though orders states to do so in 24 hours Child has told of dad smoking from a bottle and child hides because it stinks. I have copy of text messages where dad tells of looking and picking up drugs on days child is with him they were sent to me by a person known to father
I have stopped unsupervised contact as dhs said it was up to me to tell if dad was under influence of drugs they said if I act in a protective manner no investigation is needed
I have arranged a contact centre for visitation but father will not call for first meeting to book I have asked for drug testing to clear things up father refuses
Should I make immediate application to courts or wait for father to do ?
I will add father was able to have weekly visits but goes months without contact
 

Blessing

Well-Known Member
20 April 2017
70
8
224
Sydney NSW
if you don't let him see the child unsupervised the worst that can happen is that he files a contravention with the court to say you breached the orders, while you are legally bound by the orders the court makes an allowance if you have a reasonable excuse. Backed up by strong evidence, what you stated is reasonable excuse.

i would let him take the matter to court.