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Validity of old Court orders

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Even though this order is 10 yrs old is this still current? The only thing that my hubby has not done in the order was to have regular contact and that was because the ex refused for them to visit. So are these orders still valid and can I get contact

We got the copy of the current court order today, it was made 10 yrs ago.

It was stated that the ex and hubby have joint responsibility for the long term care and welfare of the children.

That the mother provide the schools with the fathers details ,that she send a school photo each year,that the children ring for an hour twice a week,

As at that time she never supplied a contact number.

Most of the order is for the mother to maintain contact between the children and father.

This has not occured.

The children were meant to visit at least 42 days of the year.

Even though this order is 10 yrs old is this still current?

The only thing that my hubby has not done in the order was to have regular contact and that was because the ex refused for them to visit.
G'day acep74,

I seem to be in something of a similar situation in relation to old court orders. The current court orders pertaining to my situation are eight (8) years old and are being upheld as current and enforceable, I believe that if orders have been made since, that the most recent would be the current and enforceable orders, to answer your question.

If I may ask you a question also - You indicate that you have just received a copy of your orders, may I enquire as to how you proceeded in obtaining these documents. The orders for my situation were made in my absence, never delivered to me and need to be relied upon in current matters. They are being used by the other party and I don't dare request to have access to their documents.
the local court house of where they were obtained. send in a letter or fax with proof of ID. of your name and the ex and such , dates are good if you remeber and they send them out … took about 2 weeks for them to send. we misplaced hubbys… oops.
good luck
Thanks acep74,

You have been fairly clear in the basics, ie written request and I.D., names and dates etc., I am a little confused though, Local Court or closest FMC or FCoA? Also I am unsure as to if the documents were ordered in the FMC or FCoA, is there not a directory for all Family Law orders or is this obtainable from an individual Local Court?

Filing location

Where were the orders were filed?

In our case it was the ex's home town.
One thing you nee to consider is if there has been nothing done to eliminate the problems in the past, this doesn't mean that you can't enforce the orders legally just that you may have to provide more information to establish why nothing was done and why you want the change. All of which depends on the attitude of the matriarch sitting on the day.

  
D4E,

Thanks for the clarification as to the use of long-standing, unchanged orders. The situation that I am in, is that in the face of the other party avoiding the oportunity to have the orders changed on my part, I am left to rely on orders that have never been issued to me. As such not able to determine the details of the orders. I am currently up to the point of attempting to receive a 60(i) certificate, a major development in my situation. I am confident I am able to overcome Rice and Asplund and have prepared everything else, ie applications & affidavits, for submition. I am able to demonstrate as to why nothing was done in the interim in relation to the Family Law orders via the mountain of AVO applications, the other parties names and residences changing between each document and at this point need to have in my possession the standing orders to submit with my applications. Without knowing exactly where the Family Law orders were made, in which Court or on what date, how can I obtain this document? Do I rely on orders made previous to the current ones that I do have in my possession?
I've been thinking about that little problem and have wondered if the capitol city family court would have an electronic record of where the orders where made, if not the orders themself, in my state we send all info via capitol city and it's recorded there and then sent to outlying court.

It may be worth giving them a call to check see if they have a record, at least you will be closer to knowing for sure, have to be honest it's the first time I've actually come across the situation.

What were the orders made prior to the court orders ? is it an official document ?? are they the same as the court orders ??? and do they have your case information on there ?.

If they have your case details on there it may be a way of accessing the information you are seeking…….

  
Thanks D4E,

I will approach the central Court in the capital city. It must be one of the two, FMC or FCoA. The previous court orders, that I hold, were Family Law orders made in the FMC, The orders I am seeking, are a change to the previous orders, made in my absence and never issued to me. You have, however, pointed out the importance of the two sets of orders corriallation to each other and this may point me in the right direction and the discovery of the current orders. Thanks again D4E.
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