Donate Child Support Calculator
Skip navigation

Who pays costs? Application for Enforcement Orders

We have final orders in place which clearly state that both parents are to do whatever is necessary to finalize travel documents should either party wish to travel. The other parent refused to sign a passport application, hence I had to lodge an Application for Enforcement Orders.  The other party's solicitor then telephoned me and asked would I withdraw the application on receipt of the signed passport application (although he had contravened a number of the orders, the main point of my application was simply to get the passport application signed).

I agreed to this.  However the next day I received an email from the solicitor stating he now wants my residential address or he won't sign and if I don't agree, they will pursue me for costs.  Prior to this he has not at any stage showed interest in knowing our residential address.

Can they do this?

I would've thought I'd be the one seeking costs as he hasn't abided by the orders.

My concern is that if I give them the address and withdraw the application, that they still might not give me the passport application.

Some light on this would be greatly appreciated.

Veni, vidi, vici
Does the other parent have any contact with the children? If so is the address an issue?

You could say you are prepared to provide the address to the passport office but not his client. The passport office (Well the Australian and New Zealand ones) deal with this sort of issue day in day out and maintain great confidentiality.

Why can't they fill in the fathers part of the application , send it to you and you will complete and send to the passport office? Whats hard about that or does he wish to retain confidentiality on his adddress. If so pass it on minus your address and advise the passport office. Some people make every little thing a mission and we wonder why the courts have such a tough time at it !!

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
apologies, but my post wasn't too clear on the address issues.

The orders also state that each party must advise any C of A within 7 days.  He moved  about 6 months ago and refused to provide his address.  Hence when I moved, I also did not provide an address, which he's never asked for, until now.  By a fluke I'd uncovered what his address was and was able to provide that to the process server.

He never sends our child so much as a birthday card, let alone any gifts, therefore he has no need to know our address.  We live a long way away and our child only visits him at school holidays (by rights I shouldnt've sent the child over at Christmas as I didn't know their residential address, but thought I'd do the right thing to help support the relationship with the father).

Why should I tell him my address when he's only asking for it as a power game?  My concern is that even if I provide the address, and withdraw the application, they'll renege again and not sign the passport application (even though the orders state clealry he is required to).

If it does proceed to court, it will be clear that he has not previously asked for the address, only at the last minute as a way to play games and try to exert power and control over me.

Surely I can't be made to pay costs for that?

Veni, vidi, vici
Costs are not easily obtained in court proceedings. In enforcement proceedings the court might be more considerate.
If you can substantiate the understanding you had with the other side's solicitor then you are better positioned. Should you find the solicitor is not acting honourably then you can insist all communication be via written documents only.
The solicitor can be referred to his governing authority.
It is not obvious as to what costs the solicitor is referring to. Costs are generally arising from court proceedings in circumstances wherein a party wins. The other side in not having abided by orders places them in a less than ideal position.
Get a post box if necessary.
His request for your address unless previously ordered becomes a new issue requiring new orders.
Your aguments as to why you prefer not to provide your address could be mentioned in correspondence if they are based on genuine concerns. Frivilious claims are not warranted.
Requesting the reasons as to why the other side is in need of your address can if wanted draw out those details and to an extent obtain for you the arguments likely to be used in any forthcoming proceedings.

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
Valonas said
 The orders also state that each party must advise any C of A within 7 days. 
If you have current orders that you must advise your ex that you have changed address, then you have to provide those details. When a word is presented in orders like that it is not discretionary, not to give the address would be a contravention of the orders and why the other sides solicitor is mentioning costs. It is not worth getting into a tit for tat you didn't do it so I am not doing it, also by you following the orders should the need ever arise that you need to commence a contravention application you can do so knowing that you are doing so with clean hands and have no need to fear a cross application.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
Thanks Liberi.  Solid advice and will take that on board.

Also to everyone else who replied, thank you.

A small glimmer of light - the ex rang me himself today and said he will post the passport application to me.  It seems he has finally woken up to the fact that lawyers are only there to bleed him dry and so rang me direct and we sorted it out.

Veni, vidi, vici
I am sure that there is no need to remind you to document the discussion in your diary.

When parents work together like this, and talk through things, the kids are much better off. There will only ever be two people who really know what is best for your kids, that is you and the ex. If you can put differences aside and work out things for the kids between yourselves without  external interferences you can be sure the best choice will be made for the kids.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas
1 guest and 0 members have just viewed this.

Recent Tweets