Custody Order Breach
The situation involves difficulties with an ex-partner who is repeatedly contravening interim family court orders in New South Wales, Australia. Despite court orders allowing for visitation with the children, the ex-partner has hindered contact and made unfounded allegations against the client. There is evidence of these contraventions through documented incidents over the past several months, and the children have expressed fear regarding their living arrangement. The primary goal is to restore visitation and sleepover rights with the children.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to address the contravention of the interim orders by my ex-partner?
To address the contravention of interim orders, one can apply to the Family Court for a contravention order. This would involve filing an "Application - Contravention" form and providing evidence supporting the claims of breaches. Documented incidents and communications will be crucial. The court may enforce compliance and impose penalties as necessary.
How can I document and present evidence of my ex-partner's repeated contraventions?
Document evidence by maintaining a detailed record of incidents, including dates, times, and descriptions. Preserve all communications that illustrate the breaches and gather any statements from witnesses. Organize this information chronologically and ensure it is legally obtained for admissibility in court.
What legal remedies are available to enforce the interim orders?
Filing a Contravention Application in the Family Court is an option to enforce interim orders. The court may impose penalties or order make-up time with the children. In severe cases, community service may be considered. Seeking a Recovery Order for time with the children might also be necessary.
How might the court view false allegations, and what impact could this have on custody arrangements?
The court may take false allegations seriously, especially if proven to be unfounded, as this may affect the credibility of the ex-partner. If the allegations are perceived as manipulative, it could lead to modifications in custody arrangements to safeguard the children's well-being.
Are there urgent applications I can file during the holiday period when courts are closed?
In urgent situations, applying for an urgent hearing or contravention application when courts reopen is advisable. During the break, contacting the duty registrar for immediate assistance may be necessary, especially for safety concerns concerning the children.
