NSW Question about supervision

[LouiseThomas]

Hi all

My sister and her ex have consent orders that her ex has to take time off work in order to have his kids.

Her ex husband wants his mother to watch kids at his place while he works so that he can still see them during the 'ordered' time.

My sister is refusing but I am worried she is breaching by not facilitating? Her argument is the orders specifically say the father has to have time off work for there to be contact.

Thoughts? Is there any way around this?

 

[thatbloke]

What is the exact wording of the order?

 

[sammy01]

YEP unless the orders specify that dad must not leave the kid then it is none of your sister's business...

So do us a favour... Ask sister, does she want the child support that is derived from dad going to work??

And isn't that what normal people do... Ask for help? Isn't it normal for kids to hang with their grandparents sometimes.
Is mum at least prepared to let dad pick the kids up after work?

 

[LouiseThomas]

They say something to the effect of "that the father must not be working during his time with the child so he can provide full supervision"

 

[thatbloke]

They say something to the effect of "that the father must not be working during his time with the child so he can provide full supervision"

Ok... let's say they do say that.... and I'm taking into account you haven't given the exact wording. Can you tell me what's wrong with a grandparent looking after their grandchild?

Supposing dad was going to lose his job by not having this happen would you rather someone was unemployed then a grandparent look after their grandchild ?

In my opinion it's a pretty unreasonable order

 

[LouiseThomas]

I don't agree with it myself but just wanted to get advice on whether she is technically withholding the child or because the orders say "only dad can spend the time with them' then she can refuse contact?

 

[LouiseThomas]

I should add that she of course does want his CS money but she herself refuses to work so that his payments are higher. She did a COA on him a year or so ago but it never went through.

 

[AllForHer]

I hate to say this, but your sister sounds like a real piece of work.

Dad contravening the orders by working during the kids’ time with him does not give her the freedom to contravene the orders by withholding the kids all together.

If Dad works during the kids time with him, and that places him in contravention of the consent orders, she can file for contravention orders against him - it’s for the Court to decide how to deal with it, not her.

 

[Nonfiction]

Can I just ask how old the said child is and, if there is any reason, that you are aware of, for why such restrictive orders were made? How often does dad see the child (per the orders)?

 

[LouiseThomas]

Niece is nearly 9. No reason, my sister just feels that she is in charge of everything. He only gets her during holidays. He agreed to this years ago and that is why my orders say the same about ex not letting anyone else look after our son.

She is withholding niece because of this order. They are consent orders and he is saying he only signed them to get gauranteed time with niece.