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Application?

What to file

Hi to all

The other party  and I have a 5 year old child whom commenced prep January 2017, we signed final orders in March 2017, prior to this I had not been the primary carer and going forward as set out in the orders I was not to be the primary carer.

At the time of signing final orders I informed the ICL and the court that the child had missed 16 days of school. Since then to the present the child has missed a further 13 (total 29) days of school without a reasonable excuse all while in the care of the other parent.

The current orders state that "the other party and I were to submit a supervised drug screen requested by the court on the 28th of March 2017, failing to do so would result in time being suspended until 2 clean screens can be provided to the other parent in accordance with their further requests, where upon time shall recommence in accordance with these orders".

I provided my screen a day late being the 29th March and a second on the 5th April, the other party suspended time as of the 28th of March and now refuses to reinstate it. The other party's reason for doing so is that they do not agree with the orders anymore. The said orders were made by consent by both party's March 10th 2017.

The school welfare officer and principal have contacted me with their concerns for the child.

The other party sought the DHS to review their findings in relation to percentage of care by both parents for the child for the period of 2014 to 2017. The review was completed and their rulings were the same as what they initially reported.

The other party sought to appeal this decision via the SSCAT a third party. The tribunal found the time of care to be the same as DHS and therefore the appeal by the other party was unsuccessful.

I seek to get time reinstated and to ensure the child attends school.


My 2 concerns are

  1. The child not attending school.
  2. The drug screen requests at the discretion of the other party.

I would appreciate advise on how and what application to file,  what to include in affidavit, to get a speedy resolution to this matter.

Kind Regards Jaspervine

 
Is this a very long winded way of saying your child hasn't been to school for two months out of the four and that your ex is already withholding on orders signed in March?

Have you informed your local child safety about the child not attending school ?

Do you have an actual  attendance record from the school?

How much time did the child spent with you under the orders signed in March 2017?

Do you know why they are not taking the child to school?

All of these answers determine what you do next but is plainly obvious you need to get something in front of the Court ASAP especially if both your tests were negative

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
Hi Wolf

 Yes you summed it all up in one sentence that is exactly the situation.

 I have been in contact with the schools principal and welfare officer and they to are concerned for the CHILD's welfare.
Further I contacted Child First and they informed me that the welfare officer had contacted them. Child first refused to discuss anything with me as thier policy is to only deal with the primary parent.

 I do have a current letter of attendance from the CHILD's school.

 I have spent no time with the CHILD since 6 April 2017.

 I do not know why the CHILD is not at school.

 I do not know the whereabouts of my CHILD at the moment.

Both drug screens are negative on 4 & 11 April 2017, one was done a day late though, since then I have done voluntary drug screens every 2 weeks all negative of illicit substances.

 Regards Jaspervine
Jasper.

Back in December you were asking about contravention applications. If you now have final orders, have fulfilled the requirements of the drug tests per the orders, and, according to the orders should now be spending time with the child but the mother is withholding (in breach of the orders), then you should consider filing a contravention application.

Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.
Hi Swambo

 I was the applicant in this matter,  all along I have sought that the child live with me. I also proposed a second and third alternative to orders sought in regards to access times .

 On March 27th  2017, consent orders were made.

Order (5) That the father shall attend upon and obtain 2 consecutive urine drug screens on the 29th March & 3rd April and such results be provided  to the lawyer for the mother and if either of the screens are positive for any illicit substance, then the fathers time be suspended until the father can provide 2 consecutive clean urine drug screens to the mother in ordinance with her further requests where upon his time shall recommence. If the father fails to attend for a screen test then that shall be considered a fail drug screen.

I supplied 2 clean screens to the mothers solicitor but I was tested on the 4th of April instead of the 3rd.

 There has been no contact since 6th April,  the mother refuses to let me see the child and/or refuses to request a drug screen.

  Order (6) The child stay enrolled at ___________ primary school. ( child has not attended since 10 April missing all of term 2 the reasons are unexplained)

Order (2) The Mother and Father have equal shared parental responsibility for the care welfare and development of the child.

Where do I stand legally in ensuring the screens be requested in a reasonable amount of time, that it not be left to the discretion of the Mother?

Jasper   
jaspervine said
I supplied 2 clean screens to the mothers solicitor but I was tested on the 4th of April instead of the 3rd.
If you did this (dont worry about a day late) then why does Mum have to ask you for another test? and if this is happening and you have good evidence ESPECIALLY from the school

jaspervine said
There has been no contact since 6th April,  the mother refuses to let me see the child
Child has not attended since 10 April missing all of term 2

Then get your act together, formulate this stuff into a logical affidavit and contravention application and get back int court
The school thing is VERY serious, once you have the evidence from the school (the actual attendance record) I would also be letting the relevant child safety department in your state know and THEN file the contravention

jaspervine said
Where do I stand legally in ensuring the screens be requested in a reasonable amount of time, that it not be left to the discretion of the Mother?

You have done two yes? Why do you need to do more?

Of course, this is only my opinion and not legal advice (especially for you Mr AB)


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
Hi all

Although I have signed consent orders in march 2017, what is the process to get this matter back to court as i seek that the child live with me, at the moment the child lives with the other parent.

Regards Jasper
jaspervine said
Hi all

Although I have signed consent orders in march 2017, what is the process to get this matter back to court as i seek that the child live with me, at the moment the child lives with the other parent.

Regards Jasper
What are the significant change of circumstances since March 2017?

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
Hi Wolf, what has changed since March 2017.

1. The Child has missed 45 days of school (unexplained) while in the care of the other parent. The school has made numerous attempts to contact the other parent, left messages, sent emails and attended her residence, they all have been unsuccessful and there has not been a response.
2. The Child has not been involved in any extracurricular activities as set out in the orders.
3. I have not had any time with the Child as set out in the orders since April 1st 2017
4. The Child has not attended upon a Psychiatrist as set out in the orders.

Regards Jaspervine
Outrageous !!  Did your orders not have "random" or "within 24hrs. of being notified " in regards to drug screen requests ?
Can only hope you don't go through that insanity ! I complied with my order to gain recommenced time with child.Sent results to ICL, whom obviously agreed I'd satisfied order as she wrote to ex's lawyer stating due to my complying with condition 1 of xxxxxx orders, time was back on , so have child available  in 3 days( 1st saturday after clean result).
Her lawyers wrote back saying no way as test wasn't 24hrs after being notified. Said they had never heard of drug screen conditions without 24hrs bit attached.
With held child for 2 visits before hearing their filed Application in aCase whereby they wanted varied orders which were to be same as last but with 24hrs bit included, due to their claim of " orders weren't what Judge meant" so "slip rule" applied.
Judge said she'd 'returned' to last hearing & seems the orders recorded were same as what she'd pronounced at that prior hearing, so no "slip rule".
Not a word said about ex contravening twice & withholding child & went ahead anyways & pronounced 'new' orders that were what the ex wanted made.
Meaning, she filed APP. seeking certain order, I responded seeking dismissal of her APP.,her sent to parent program,costs,her put on bond for contravening.Her APP. recorded as dismissed yet 'new' orders were given that are what her dismissed(failed)APP. were seeking.
My belief was she lost, so I won & get my orders that I sought. Maybe that's just in some parallel dimension.
Good luck bro. Is there a way of enquiring with nearby local schools if child's been enrolled there ?
Surely ex hasn't just stopped her schooling altogether ? If she has, she should be put in stocks & publicly shamed in front of Family Courts on an Aussie tour of capital cities !
Then again, nothing shocks me regarding this system these days.Worse, it'll probably be all your doing by telepathically stalking the ex. or other bolloc*s.
Hang in for the kiddo. brother  !!!!
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