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application contravention

Back ground

Until June 12 this year consent orders were in place for the equal shared caser of my two daughters, now aged 7 and 13.

My relationship with the girls mother has been acrimonious over the years with the mother being rude, disagreeable and abusive towards me.

The mother commenced court action 18 months ago and after several trial and 2 family reports judgement was reserved and announced on June 12

The orders were changed in the mothers favour to a 60/40care with the usual (I assume) conditions for birthdays, fathers day and holidays. I particular that on either of the girls birthdays, they would spend part of the day with the parent who didnt have on them that day.

The girls were in the care of the mother on the second half of the June /July holidays

My eldest daughters birthday was on the second last day of the holidays and I had expected to see her and her younger sister for a few hours on the day (as per the consent orders).

However five days previous to this, I received a text message from the mother stating that they were all off for a week in the snow. This was a Tuesday.   I sent a text message in reply stating that she should be back on Saturday, with the girls, so that I could spend time with them on my daughters birthday.

I received no reply to this on subsequent messages sent over the next few days. I also sent a text message to my daughter and attempted to ring them both but only got a recorded message stating that the numbers dialled we turned off on not in a mobile served area.   I tried to contact my daughter on her birthday but was unsuccessful

It is now over a week since the message came from the mother and I still have not heard from her.

As the mother has been so belligerent in the past, I feel that this contravention of the orders, so early into the implementation of the new orders needs to be addressed and noted by the courts

Is an Application. Contravention an   appropriate course to take here?   

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