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Contravention & Contempt Applications - what not to do

The Father in this matter (self-represented) filed a both a Contravention and Contempt Application against the Mother. The father's applications failed and were ill conceived. This case is an example of what not to do in respect of Contravention and Con

Came across the attached Judgement which might be of interested to members.

The Father in this matter (self-represented) filed a both a Contravention and Contempt Application against the Mother.

The father's applications failed and were ill conceived.

This case is an example of what not to do in respect of Contravention and Contempt Applications.

I'd be interested to know if the father in this matter was assisted by any SRL support group.

Attachment




4MYDAUGHTER
Both Contravention and Contempt? Ok. I am reluctant to do either as I do not want to be seen as vindictive or difficult. However, I have written to the Respondent's solicitors on multiple occasions suggesting that bringing various friends and family to my time with my child (amongst other things) is not what the Consent Orders allow for. Also, turning up on time would be appreciated.
What is your view 4MD on the following schools of thought and is one set of actions perceived better by Court:

Do nothing despite repeated flouting of the current Consent Orders and await the next Hearing to show Court that only one party was complying, or

File Application in a Case/Breach notices to get things rectified ASAP

Frankly, I think everyone could do without the aggravation but I do have concerns about doing nothing lest I seem disinterested about spending time with my son
Hyonlife said
However, I have written to the Respondent's solicitors on multiple occasions suggesting that bringing various friends and family to my time with my child (amongst other things) is not what the Consent Orders allow for.
 
Its not your place to determine who your child spends time with whilst in a care of the mother. Not unless there's some risk of harm.

4MYDAUGHTER
Hyonlife said
….. I have written to the Respondent's solicitors on multiple occasions suggesting that bringing various friends and family to my time with my child (amongst other things) is not what the Consent Orders allow for. Also, turning up on time would be appreciated.
Can you explain what that means please. What happens on handover that concerns you.
Hyonlife said
…What is your view 4MD on the following schools of thought and is one set of actions perceived better by Court:

Do nothing despite repeated flouting of the current Consent Orders and await the next Hearing to show Court that only one party was complying, or

File Application in a Case/Breach notices to get things rectified ASAP

Frankly, I think everyone could do without the aggravation but I do have concerns about doing nothing lest I seem disinterested about spending time with my son
If the contraventions are repetitive, numerous and substantial then do something is the only course of action. IF you do something then, in my view, you need to lodge with local Police for an incident number in COPS to report the incident even though local police may appear quite disinterested. The problem we have with contraventions is the reasonable excuse provisions so they are not easy to make stand.



Executive Secretary - Shared Parenting Council of Australia
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4MD: I did not see my reference to the mother in my first question, or harm. In any event:
The Orders stipulate who is to attend mine and my child's  time together. The bub's mother is not an attendee. The Order further states that the people listed "only" are to attend. Therefore, 4MD, it is not a stipulation of mine but a stipulation of the Court.
The Orders are written in such a way that, to allay the mother's concerns I will allow for her sister and my mother (as my guarantee against false allegations of impropriety) "only are to attend". In stands to my reason that bringing various friends and family to the venue where my child and I spend time would be unacceptable.
Ok. That's a slightly different situation. When you say "a stipulation of the Court" - these orders must have been made upon the application of a party? And I taking it is wasn't you. So the ICL or Mother?

The Orders are written in such a way that, to allay the mother's concerns I will allow for her sister and my mother (as my guarantee against false allegations of impropriety) "only are to attend". In stands to my reason that bringing various friends and family to the venue where my child and I spend time would be unacceptable.

Could you explain this clearer? What do you mean by this?


4MYDAUGHTER
hub had 15 denied access we had to lodge contravention but we then neg with her for more time spent with and dropped the contravention. not that that fixed anything we havnt seen the son in ages as all she does is cause us misery, after not hearing from her in ages she had obviously realised she needs hub to sign sons passport he agreed but said would like to see son she rejected the request so a child travel alert was lodged out of fear she would fordge signature. she does not know of this.
hub sent xmas presents only to recieve text to stop sending him presents. not sure where to go from here. :offtopic:

do you spend time with your child some where other then home and over night? im confused a little.

Children are innocent and should never be involved in adult saga!
Im not qualified to give legal advice and only give advice on my personal experiances:thumbs:
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