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Old Court Orders (2years ago)

Hi,

just some info required. I have an aquaintance who went to court 4 times previously re child custody and for 2 years has had 50/50 custody of his son. ie week about. The child is 7 years old. On going overseas for 4 weeks to see a dying parent his child was relocated out of the agreed school and put into another one. Seeing there was a dispute over this he is no longer allowed to see his child unless he goes to court again. He cannot afford this process as he has already spent thousands and his ex on the merry go round of paying nothing at the tax payers expense and if he has to pay more court and solicitor fees he will end up loosing his house. Surely this cannot be the case. If the court awarded him the above and it is now deemed an old law surely the court should foot the bill. I would have thought they were at fault for agreeing to this process in the first place. It is making a lot of people think ""just what is the point"" if a court order can be broken just like that and the person not at fault has to foot the bill again and again. This sort of thing must cause so much grief. Surely the courts should take responsibility for their original actions. Surely these poor people can't go on an endless merry go round of paying solicitors and court costs whilst the other party pays nothing. This is  not only dispicable but mental cruelty to the fathers to have to endure it. Looking forward to some knowledgable replies as I find this so hard to believe.
No reason why he can't file a contravention application and self represent. To make sure he is on the right track, he can engage a solicitor to check over his completed paperwork and witness the signatures. This reduces costs big time!
Chlova said
Hi,

just some info required. I have an aquaintance who went to court 4 times previously re child custody and for 2 years has had 50/50 custody of his son. ie week about. The child is 7 years old. On going overseas for 4 weeks to see a dying parent his child was relocated out of the agreed school and put into another one. Seeing there was a dispute over this he is no longer allowed to see his child unless he goes to court again.
How long has it been since the child was relocated and was their good reason? If not the matter should have been immediately dealt with through mediation or sent to the Federal Magistrates to get the child back into the original school. It  costs little to file the initiating application. Out of some 90,000 cases heard 71 % did not need a determination so there is a high possibility, certainly better than 50/50 that some sort of agreement will be reached.

Of the cases filed last year nation wide 9% of applications of both parties were not represented and 26% have one party represented. So 26% of cases filed have a Self Represented Litigant Party. (SRL). That may give you more confidence.
Chlova said
Surely this cannot be the case. If the court awarded him the above and it is now deemed an old law surely the court should foot the bill. I would have thought they were at fault for agreeing to this process in the first place.It is making a lot of people think ""just what is the point"" if a court order can be broken just like that and the person not at fault has to foot the bill again and again.This sort of thing must cause so much grief. Surely the courts should take responsibility for their original actions. Surely these poor people can't go on an endless merry go round of paying solicitors and court costs whilst the other party pays nothing. This is not only dispicable but mental cruelty to the fathers to have to endure it. Looking forward to some knowledgable replies as I find this so hard to believe.
There are many remedies to take where there are wayward parents. Generally both parties pay their own costs. Where there is a breech of orders then it is a simple matter to file a contravention proceeding or an enforcement order to enforce what is there. Relocation orders are usually dealt with extremely quickly. Since 2006 things have rapidly changed in the court system.


Executive Secretary - Shared Parenting Council of Australia
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