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should I lodge a contravention of orders? Or a notice of child abuse or family violence? Or something else?

should I lodge a contravention of orders? Or a notice of child abuse or family violence? Or something else?

We received final orders in November last year prior to that the children had disclosed the youngest of them had been hit with enough force to knock them to the ground my solicitors advice was to send a letter putting them on notice and included it in our affidavit. Last month the children disclosed that the husband had kicked my youngest in the back hard enough to cause him to cry and leave a mark. We took him down to the police where they interviewed him and immediately made my husband go in to make a statement, two days later we were in the children's Court where the police told us he had agreed to leave the case open to 3 months and within that time he must attend a parenting course before it returns.

Within the final orders because of his prior behaviour (including feeding my middle one hard enough to leave bruises on her backside) we had included the phrase that "Each Parent Be Restrained from Inappropriately Disciplining the Children".
Also contained within our first affidavit (over 12 months ago) were allegations of domestic abuse, also we had numerous text and e-mail messages which are threatening in their manner. He has not paid one cent in child support in the entire time even though you sworn financial statement having murmuring over $110,000 per annum and yet in that same month the CSA received information from him that he was only earning $20,000 per annum! And even today he still spends nearly $2000 per month leasing a prestige car.

I have several questions but the most pressing advice I need is should I lodge a contravention of orders? Or a notice of child abuse or family violence? Or something else?

At the moment I have them nine and five per fortnight, which is extremely hard on the children he tells some horrible things and they are emotionally struggling as was pointed out in the family report which was damning of him and his actions. The court never got to see the family report because we settled by consent.

I cannot sleep at night worrying about my children while they are with him he is a man possessed the family report said there were many arguments to consider restricting his access to them but that would not protect them from the harm of the things he said to them. He drops at school around 8 AM without putting them in before school care and they had disclosed to me is constant denigration of myself and my partner and their new baby sister.

They are struggling even more emotionally and are starting to act out as never before should I apply to the courts to have another family report done and in the interim seek that they live with me full time? Or possibly restricting his access to fewer nights or even only supervised visits?

Please help me as I wish to lodge tomorrow as the children are due to return to him Thursday afternoon thanks
The post is unclear in a number of areas so hard to advise. You can lodge a form 4 with an urgent application to re open the case in the Family or Federal Magistrates Court but you will need proper evidence.

How old are the children?

"Each Parent Be Restrained from Inappropriately Disciplining the Children".. How is that order being contravened when he is "(including feeding my middle one hard enough to leave bruises on her backside") It does not seem enough on its own, to warrant a contravention and feeding is not disciplining, but look you are the only one who has all the facts. You need to ensure the proper safety and protection of the children. Taking the matter to the court will let a judicial officer look at things.

He is on thin ground with a case held over in the children's court. Are the "numerous text and e-mail messages which are threatening in their manner" fairly recent and still on going? Have you discussed matters with the Police Liaison officer who looks after domestic violence at the station where you lodged the previous complaint? I would definitely recommend you did that. Most stations have such an officer or certainly those near local courts.

You settled by consent. If you had fears and evidence that there was family violence it may have been best to sort it all out before agreeing to a contact regime that is now causing some problems. Are DOCs or other agencies aware of issues? Has anyone else reported any concerns?

Dropping at school around 8am is usual if school starts at 8:30 but a bit early if 9am and anyway are they are old enough to go to the school library or before school care themselves. You could arrange before school care where they simply turn up on his drop off. It surely can't be hard to work something out with the school. If he is continually denigrating others then it is not healthy at all but you will need evidence evidence evidence, about any of these issues. Family reports are quite costly but you could seek an update on the previous family report perhaps. You have concerns that need to be resolved and clearly the ex partner/husband is not resolving them nor giving any assurances that he is prepared to resolve the issues. It may be he is not even aware of the concerns you have. He should be as he is already involved in a matter that is on hold, but we don't know just what he is aware of and what has been said/written between the parties.

You could seek some discussion through private mediation or possibly a better option would be Legally assisted family dispute resolution. Check that out with local legal aid or Family relations ship centres. Going to court with little to go on is problematic.

Do not get the lack of payment of child support mixed up with these other issues. If you want to address non payment and or allegations of incorrect income then there is the COA process to do so. The CSA will deal with that separately.

Executive Secretary - Shared Parenting Council of Australia
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