Donate Child Support Calculator
Skip navigation

What can I do if I am aware other party is not going to comply with interim orders

In my case on first mention interim orders have been agreed for the children to see me from boxing day for 3 weeks. As they currently live interstate they will be flying on the most expensive day of the year for flights ( accept this or judge may not allow any time at all due to mothers false allegations). My children have advised me they are not coming as mum has organised  events and stayovers with friends, mum has promised to buy them expensive gifts they are not allowed to bring with(playstation3 ds etc), mum has said theyare not coming no matter what anyone says. My children have told me this after the negotions and orders were made. mum  asked for a notation that she wants the childrens opinions taken into account. Mum has consistently lied to the children and denied access both in phone and physical contact. after the 1st of 5 mediations mum sat the kids at the table and cried about how she had to force me to see them and talk to them. This of course is totally false as is the mother telling them her version of why we seperated as is the mother accuing myself,my partner and both of my parents of sexual assault on the children(she has never called police or docs on these matters and agreed to contact… itself  proof of lies). Is there anyway i can ensure my kids do get on the plane or do I have to wait until the next interim hearing and  show a breach and ask for compensation for flights paid for. Mother claims financial hardship but on searching the internet mother is buying a house working  cash in hand husband has an internet based business which is undeclared etc. This has been ongoing for nearly 7 yrsand these are first  court orders, previously there were parenting orders arrived at via mediation with which the mother did not comply with at all and were not made into court orders as mothers solicitor prepared them and continually made errors requiring  rewriting which had a 3 month turnaround everytime i sent them back notifying errors. How does the system allow baseless/false allegations in affidavits to go unpunished.How does the system allow a continual flow of mediations and no orders arising for nearly 7 years.



Very confuzzled

You can fool some of the people some of the time but you cant fool all of the people all of  the time unless they work for CSA and youre a Payee:)
Leroy "parenting orders" made through mediation are generally not enforceable unless they are ratified by the FMC or FLCoA. In essence they are only good will agreements. 7 years is a long time to put up with this. I have a similar case running, but, interim orders were issued on the first hearing and amended on the second interim hearing. Perhaps you may need to join the SLR-R as there seems to be a lot that you need to discuss.

If there are current interim orders that state the children are to have phone contact with you then if that is not happening it is a contravention of court orders and can be submitted as such as an "Application in Case". Unfortunately as for the visit like me it is a wait and see issue. Once again if the children do not arrive as the interim orders state it is a contravention and should be entered as such to the FMC or FLCoA.

I hazard a guess that you had no legal representation during the lengthy time frame for mediation(s)? Baseless and false allegations are generally found out quickly by a good Magistrate. Common comments from a Magistrate on these would be along the lines of " Paragraph 16 XXXXXXXX has no support evidence".

Are you Self Representing in Court?
I've had legal representation from 3 different solicitors with legal aid funding. I find all aplications for legal aid are denied at first and then funded after an external review. I dont know if this is normal and I guess a topic for another forum.

My main question here is do I pay for the tickets for the children to fly as the mother has made it  quite clear she has no intention of  allowing contact as negotiated on first mention. These tickets will cost me approx $1500 for  boxing day flight and $800 return flight. Basically should I buy the tickets even though The mother has  stated she will not be sending the children.

What are the repercussions.

I would hate to think there will be a slap on the wrist for her and me out of pocket. I would also not like to be payed back at $1 per week . I negotiated the agreement on the basis I have not seen 1 of them for over a year (ie they can fly boxing day or nothing) and the mother saying she was  unable to contribute financially, this having proven to be a lie as her financial records show an income more than she has stated(her Statement $200/week in FTB husband wages 700/week gross only . Reality 70/week Child suport 450/week FTB husband 200/week FTB Husband 250/week child support + 700/week net wages). Mother is aware I currently do not work and am living on centrelink benefit.

The mother has ensured my level of care remains at a level she can receive 100% child support by sending only 1 child at a time when she feels like, contrary to agreements which state all children. I feel the entire exercise  is not about my children and more about how much the mother and her husband can rape me of income.

There are many other issues in this matter however having no contact By telephone or physical as per the current negotiated interim order are the most pertinent at present.

So you get an idea we are in FLCOA for  contact , FMC for departure order (overpayment of cs waive request)  , SSAT for CoA and CSA objection registration of case ( case registered 12 months before relationship ending mother advised private agreement).

Hopefully this helps with formulating a response.

You can fool some of the people some of the time but you cant fool all of the people all of  the time unless they work for CSA and youre a Payee:)
Hi Leroy,

I have just read you're last two posts, and you should pay for the plane flights for youre children to come and see you, youre ex could be using  the fact she claims she wont send them as a tactic. You really need to obey the orders and do everything you can by the orders, if the mother does not send youre children then a contravention application would be necessary to seek some restitution and some court ordered make up time, provided you are able to prove the mother breached the orders.
If you have a copy of youre current court orders you can send this to CSA  (provided the orders bear the Courts Stamp/Seal ) hopefully they will then use the orders to calculate you CS, I'm not sure how CSA are currently assessing youre care % but this is one way to stop the other party speculating about how much care you currently have. This form of assessment should not be affected by whether or not you actually see youre children, so speak with CSA about this and ask if you can supply a copy of youre current court orders. As thats how my current arrangement with CSA is working. You need to obtain at least 52 nights care a year to increase youre care % and reduce cost. That would bring you into the 14 - 34% care which will reduce youre payments to the other party. I also believe you need to earn more than $18808 in a financial year before CSA can charge you anymore than the minimum, but you would have to check with them to be 100% sure.

Also wanted to mention to you that depending on which state youre in the FMC ( Federal Magistrates Court ) is for the all states except W.A. and in W.A. we use the FCWA ( Family Court of W.A.).

Hope this helps you somewhat.
Spock
Leroy,

Yes - you need to plan as though everything will go according to interim orders.

You make statements here about what the mother has said. What kind of proof do you have of that?

Would be good to establish a paper trail in case she contravenes.

Perhaps half the cost of the airline tickets are deductible from child support?

Good luck.


4MYDAUGHTER
4mD said
Perhaps half the cost of the airline tickets are deductible from child support?
There is a recent case wherein a mother was not allowed petrol money. The judgement read along the lines of a spousal maintenance application. Financial statements were filed and a stringent transparent accountancy consideration were involved.

See: http://www.familycourt.gov.au/wps/wcm/resources/file/ebc4684ebb162a9/2009_FamCA_1033.pdf

MikeT

Given that the Family Court is a court of appeal after SSAT is this judgement significant?

Last edit: by verdad


What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
4MyDaughter said
Perhaps half the cost of the airline tickets are deductible from child support?

They could well be by a reason 1 change of assessment, that is, if the costs are more than 5% of the parent's adjusted taxable income and they significantly affect the costs of maintaining the child.  I'd suggest a good read through the CSA guide (link below) and that you are very confident that the CSA will find no reason to use a change of assessment to increase the CS you pay. I believe you'd have a greater chance of not being considered the endless wallet by letting the court decide rather than the CSA change of assessment team, as there is evidence, such as SSAT decisions, that show they are inclined to go beyond the legislation in increasing what they can report as being collected or transferred.

Here's a link to the section on reason 1 in the CSA guide The CSA Guide - 2.6.7: Reason 1 - high costs in enabling a parent to spend time with, or communicate with, a child
Thank you for  youre responses.

It seems the other party is changing there reason why the children cannot  come  everyday. The children now end every statement with I chose this myself. basically  they are now telling me they are going to stay to assist the maternal Grandfather as he is dying (mind you this was 1 of the reasons she needed to move the children without my consent 6 yrs ago).

They could well be by a reason 1 change of assessment, that is, if the costs are more than 5% of the parent's adjusted taxable income and they significantly affect the costs of maintaining the child.  I'd suggest a good read through the CSA guide (link below) and that you are very confident that the CSA will find no reason to use a change of assessment to increase the CS you pay.

I have been through a change of assessment via CSA who increased my child support amount despite my travel costs being higher  than my child support amount. They did this by ringing my  employer who was employing me on a temporary basis and calculating  an average yearly income despite being advised this was a temporary position  through a temp agency and set this amount for 18 months. Needless to say there has been a recent ssat hearing with outcome pending. Inbetween CSA CoA and SSAT hearing the temporary position ceased. so currently I am paying maintenance until  2011 based on an income of $40k whilst I am currently unemployed and now  have a shared care arrangement for my other child (whom the mother has told the children is not family as she is from a different mother). When explaining the CoA to me the CSA case manager advised that despite the 5% rule it is in effect their call. The mother continually states she cannot afford anything( except for weekly parties , interstate flights whilst denying my access despite a parenting agreement signed at mediation and buying off the teachers with little gifts on a weekly basis it seems). This has been shown to be a lie.

You make statements here about what the mother has said. What kind of proof do you have of that?

Would be good to establish a paper trail in case she contravenes


I dont have paper  proof of this however i transcribe each conversation with my children meticulously. I have evidence of these conversations from which i transcribe the conversations in my contact diary.

The perfect system would be paternity test at birth, equal parenting at seperation, and  removal of no blame divorce.

You can fool some of the people some of the time but you cant fool all of the people all of  the time unless they work for CSA and youre a Payee:)
It seems the other party is changing there reason why the children cannot come everyday. The children now end every statement with I chose this myself. basically they are now telling me they are going to stay to assist the maternal Grandfather as he is dying (mind you this was 1 of the reasons she needed to move the children without my consent 6 yrs ago).


We're all dying…

I dont have paper proof of this however i transcribe each conversation with my children meticulously. I have evidence of these conversations from which i transcribe the conversations in my contact diary.

Record the conversation… this action is defensible in the Family Court. Record the mother only. I use Skype and record the calls using an extra called PamCallRecorder.

Site moderators might take issue with this suggestion but I have seen the use of recorded phone conversations successfully entered into evidence on several occasions. Its comes back to your violition.

A useful aspect about being a SRL is that we can get away with things in court, where lawyers can't.

You use the recording as a backup in case the mother challenges your version of events. Trick is to get the mother to deny the content of the conversation before you wip it out to destroy her credibility.

Just don't record your conversation with your children because that's just plan wrong in anybody's book.

4MYDAUGHTER
Guest said
Nice 1 4mydaughter, recording your child being abused by his mother and his mother instructing the other child to take the phone from the first child is wrong is it?

Dear Guest. Not sure what you're saying here.

This type of evidence gathering is all context dependant.

If one had orders for telephone contact and the other party was interfering with that order in the manner you have put hypothetically above, than I suggest there is justified cause to record that conversation.

When I gave my opinion previously, not to record your child's conversation, that was a generalised personal opinion. My personal belief is ordinary that this should not be done. My personal belief is that is undermines the integrity of the moment with the child. When having contact with the child, be 100% with the child, to the exclusion of everything else.

Naturally, if there is contact interference by the other party, then recording the interference for evidentiary purposes is likely a good move or perhaps absolutely necessary.

4MYDAUGHTER
1 guest and 0 members have just viewed this.

Recent Tweets