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Shared Parental Responsibility

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I am a long time poster and need an answer to a question .  I tried to make a post as a guest but it never can up.  I just don't want this post tied to my main account so apologies to admin for the seconed account


Consent orders made in 2010 that state:

1  The Applicant and the Respondent, have equal shared parental responsibility of the children, in relation to the major long-term issues including but not limited to:

(a) their education both current and future;

Orders further state

2  In the exercise of their equal shared parental responsibility concerning the children in relation to decisions as to any long-term issues the parties are to consult each other and make genuine effort to come to joint decisions.

3  If after consultation joint decisions are not able to be made as to an issue or issues, the parties jointly are to consult a family law dispute resolution practitioner in XXXX or other agreed location to assist them to resolve such issue or issues:-

4  Order also have requirement to notify other parent of changing is phone, address etc 24 hours before such change.  


Child completed year 7 last year and just started year 8.  Without consultation mother moves to another town be it closer to my location and state is short note to me that she moved to new town for child education.   From the brief note I know the child in living in new town but no address provided which is a Contravention of the orders by itself.  My concern is the mother is just able to move to new town without even consulting me, it was my understand child would be going to High School near old town.   FDR is not an option as first appointment is in Late April.  Last count appearance was in 2011 and the orders stated  

The proceedings otherwise be adjourned generally, with liberty to the Independent Childrens Lawyer and the parties to apply to relist on reasonable notice for directions, and be transferred to the Family Court of Western Australia.

The mother has never had regards to any of the orders and I could tell at the last appearance, the court has put our case in the too hard basket.  If the mother did not want to foster a relationship the court seem to accept that and that was that and would not do anything.  

Any advice of what I should do.  I have not have contact with the child since 2011 due to the mother extreme alienation against me.    But strongly feel the mother should have consulted me before making such a move.   

Thought on how I should proceed?  Since orders were made I would relist can I just write to the court and relist and requerst a Contravention hearing.
Sounds like a contravention to me.......
If you have not had contact with the child for 2 yrs it is going to be hard to give any practical reasons for the child to go to your preferred school. For example, if changing schools impacted on your contact because you could no longer meet child on a Wednesday arvo…

I think you should be chasing up contact with the child as a first option and taking that to court.
how did you get to a situation where you had consent orders and agreed to no contact? Shared Parental Responsibility is about sharing in the major decisions relating to a child including school, religion, where they live and medical matters to name a few of the bigger ones. The mother moving closer seems a good move and an opportunity to go back (changed circumstances) and get new orders that now include adequate contact arrangements. You will be hard pressed to push a contravention on just the school issue when she has moved because of the better educational opportunity it seems.

Executive Secretary - Shared Parenting Council of Australia
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