NSW Partner's Ex Refusing Visitation until Consent Orders are in Place?

[Hpflstpmum]

Oh really? So not file any of the contraventions and wait to do mediation? Then file all of them together with the withholding?

Wouldn't it be worse for us not attempting to call the daughter in regards to our case, and also our relationship with the daughter? I thought at least if she knew her dad is wanting to talk to her, in her mind she knows he loves her despite what her mum and mum's boyfriend are doing? Is it a case of damned if you do, damned if you don't?

We have texted the ex a multitude of times now on separate occasions asking her to abide by the orders. She never responds. The most recent time, it's her boyfriend sending a threatening and abusive text message to my partner.

 

[sammy01]

Look, as far as the phone calls go, it is kind of minor. The magistrate may give her a stern talking to. But if you don't get to see the kid in the next holidays then that is worth having a chat to the magistrate... As far as changing residence - doubt it.

Let's assume all else is good, it is just how they treat you guys that is the problem. That ain't enough to uproot the child.

 

[Hpflstpmum]

Thanks @sammy01 I spent all of yesterday doing contraventions and there have been a total of 59 in the three short months since we had the orders. I can't believe it!

 

[Hpflstpmum]

What should my partner expect in court the first time? Is it a mention? What sort of things should be come prepared with apart from his paperwork? We've filed the contraventions after being accepted for filing with no S60i certificate.

The ex has confirmed in writing twice that she is withholding their daughter indefinitely.
We have a process server going to serve the ex the papers next week.

Apparently the ex has to somehow either get on the phone at her local court or fly here (we're interstate).

 

[AllForHer]

So, has she actually withheld the child? Or has she just said that she intends to?

 

[Hpflstpmum]

Said via text that she won't be allowing their daughter to travel as its "in her best interests" twice. She said she's had legal advice about it.

Edited to say: she was due to come in the next 3 weeks.

 

[Hpflstpmum]

I should probably clarify by saying that we are not taking her to court solely for her "intent" to withhold. It's based on the high volume of other contraventions.

Would it be likely that it will be set for a hearing? We expect the ex to disagree to all of the breaches, despite the evidence.

 

[sammy01]

My thoughts - don't apply to court until after the holidays.

If she withholds that is substantial. Sure you've got a better chance of seeing the kid in the holidays if she is already threatened with court. But long term it is a more substantial contravention and one the courts will deal with more seriously than the others. I'm willing to bet the other contraventions are just phone calls?

 

[Hpflstpmum]

We've already filed all contraventions and have a court date in place. They're made up of phone calls mainly yes, as that's the only form of contact that their daughter has with my partner apart from visitation which isn't happening now.

The ex has been interfering in calls, allowing her boyfriend to interfere, phone calls are being cut short all together. She's not been keeping my partner up to date with their daughter's mental health or specialists (ignoring all requests from my partner altogether so he truly how no idea what's happening).

Their daughter has stopped saying she loves her dad or misses him. She calls the ex's boyfriend dad now all the time, gives one line answers, says she has to abide by "dad's rules". The ex doesn't communicate respectfully (which is in the consent orders)... The list goes on.

 

[sammy01]

So when did he see the kid last? When is he meant to see her next?