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Application for Contravention or wait to be served?

I currently have a 50/50 consent order and all contact with my 13 yr old son has now been stopped.

The current consent order is 50/50. 9 weeks ago my son did not return home for his normal 'week about' week with my family.  The father facilitated a weekend visit once per week until 2 weeks ago when the visits were stopped and now my phone calls are not answered and text messages ignored.

Last week I received a solicitor letter, citing psychological harm and they were intending to have all contact between my son and I stopped.  At the end of the letter, it states he will begin proceedings in Federal Circuit Court.

My question is - Do I sit tight and wait to be served?  Do I begin putting my affidavit together in the interim?  Or should I be concentrating on an Application for Contravention to have the current order re-instated and 50/50 to be put back in place?  Or do I just address the various contraventions in my affidavit as the respondent?   

Thank you
A few questions:

Were the current consent orders lodged with the Court? (ie: are they binding?)

What have you done so far to seek further contact with your son? 9 weeks is a long time - are you  keeping records of your attempts to contact and engage with him?

13 is getting awfully close to the age where he can vote with his feet… do you think he has chosen not to come back to you or do you feel that the other parent is holding him against his will?
The consent order is a Federal Magistrates Court order.

For the first 7 weeks I had daily phone contact, but now all contact has been stopped.

I have been requesting his return through his solicitor but to no avail.

I feel it is more the fathers insistence than my sons.

Should I be seeking an application for retrieval or application contravention?
I'd also take to sending your son an open letter (handwritten) simply asking him to contact you, that you miss him & love him and you'd just like to to know what's going on. Maybe send one every 2-3 weeks and then if it does get to court find out if the son even got the letters - which would draw out any manipulation by the father.

I agree with Malady that at 13 the child can vote with their feet regardless of what consent orders say. It s not unusual for a a boy at this age to opt for the male role model. Don't take it personally - its about the boy, his brain and his feelings, not you.

"I know that you believe you understand what you think I said, but I'm not sure you realise that what you heard is not what I meant."

 
Thanks Wilfred.

I have been sending letters once per week.  Like you said, I can only assume that he is getting them.

At the very least, I would like the father to allow communication and visits.
I wouldn't be waiting personally. I'd be seeking legal advice as to which was the best route and doing *something*. At the same time I think I'd be working to minimise costs as much as possible because if this is being driven by the son then you aren't going to get far with it.

War of Attrition

 Prevailing bitterness between parties manifest unfavorable results! Unfortunately, court will bring the Child to 15 and Lawyers thrive on litigants like yourself.

 Reduce the psychological damage on the Child, Move on!

 
I will be a SRL.  Im assuming an application contravention is the best way to go to restore contact with my son..

Any further suggestions on the paperwork is greatly appreciated.
Just wondering how you were going with this Marie ?
Contravention applications are easy to complete and should be possible as an SRL to go to court hearing yourself.as the hearings are usually not in depth as other hearings.
Hi Marie,
Have you managed to see your son yet? How did you go at court ?
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