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Missing Property Items

Consent orders have been made but I can not comply with them because of missing property items

Recently Consent Orders were made and I have to give the x certain items from the property pool.

The problem is that I have searched for these items but I cannot locate them.  What I suspect is that the x has removed them after moving out of the matrimonial home.

At this present time I cannot comply with the Consent Orders unless I go out and purchase replacement items.

Any advice on what course of action I should take would be greatly appreciated.
Hmmm

I say that because they are orders, if your X has taken them she would know this at the time the orders were made.

If you did not raise issue about the items it could be assumed they were in your possession.

If you then do not try to mediate a solution you may well be held in contempt of orders.

In hindsight you would be spewing that you did not make sure the items were there but when you think you are in possession of them often it's just accepted.

Perhaps if you write a letter expressing that the items are not on the premises as you expected them to be and request a suggestion for an alternate that would be agreeable to both parties.

It may be a point of conjecture but if you make an attempt to settle the issues amicably then it will be seen as an attempt to mediate the situation if you do get dragged up in front of the beak.

Cover thy posterior and asses the value of replacement in regards to court time, then try to mediate a solution.

Good luck maybe she will prefer money but less of it  O_o
Thanks D4E, when the consent orders were made I was not thinking, I actually thought the items were in my possession but when I looked for them yesterday they were gone.  

I think my X was not happy on the day because the property settlement worked out 80/20 in my favour and I did not want to push the issue.

It is annoying because my X has taken property items and has said they were stolen and also sold assets.

I think I will go out and replace the items, it is not worth the hassle knowing my X.
A wise move ILG.

Ex's that are this manipulative will make more mischief with this than it's worth. It will be cheaper for you to buy second hand, similar articles and save yourself the grief.

Our ex claimed to have left all this fantastic furniture behind. When my partner moved in, we couldn't even give it to Lifeline - it went to the tip. Not to mention the insistence on purchasing all new whitegoods, which she took with her…

We have chosen not to pursue outstanding debts or a property settlement - there were no assets, but part payment of the debt (which was s3xually transmitted to me, lol) would be nice.

Sometimes, letting go of stuff is better than all the hassle and focussing on the big picture, like time with the kids.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Be very careful that the items don't get stolen.  ;)

Recovery of chattels

The need to protect your self from further proceedings is paramount.

Firstly it might be considered if an enquiry to the other side is practicable. It does announce that you are not able to abide by the orders.

As has been suggested it would seem more logical to list the items, give to them a value, and consider your options.

A call to the court's information line about how to proceed is warranted.

If you have consent orders you would be regarded by many who visit this portal as a fortunate person. Keeping the other side happy, and being seen to do the right thing can be of value in the future. Document whatever you do.

The filing of a Recovery Order against you might arise. The information below might apply? As to whether these apply to property as they do to children might be known by others.

Should things sour contempt proceedings could result, I imagine.

The filing of an Affidavit could be considered in defending one's self from a contravention, that could be served on the other side. Thus advising the other party and being upfront with the court.

So the following might only be child related? Someone else hopefully knows?

Location and recovery orders (ss 67H to 67Q of the Act)

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Part 21.3 of the Family Law Rules applies to the making of:

- a location order

- a Commonwealth information order (for the requirements for making such order see
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67N(3) of the Act)

- a recovery order.

A person may apply for an order by filing (see
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r 21.12):

- Application in a case, and

- an affidavit (
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r 5.02).

The court must fix a return date within 14 days of the application being filed (r 21.13).

At the time a recovery order is executed, the person authorised by the recovery order to recover the child must serve the recovery order on the person from whom the child is recovered. It is not necessary to serve the original recovery order and a copy is sufficient (r 21.14).

A party or the person authorised to execute the recovery order (see s 67Q(b)-(d) of the Act) may seek procedural orders in relation to the recovery order (r 21.15). The application is made by (r 21.15(2)):

- written request to the court which complies with r 24.01(1) and details the procedural orders sought, and

- an affidavit setting out facts relied on and reasons for orders sought.

The request may be heard in chambers (r 21.15(3)).

SECTION 112AD SANCTIONS FOR FAILURE TO COMPLY WITH ORDERS112AD (1) [Appropriate sanctions]

If a court having jurisdiction under this Act is satisfied that a person has, without reasonable excuse, contravened an order under this Act, the court may make an order for the imposing, in respect of the person, of one or more of the sanctions available to be imposed under subsection (2), being a sanction or sanctions that the court considers to be the most appropriate in the circumstances.

112AD(1) [Appropriate sanctions]

If a court having jurisdiction under this Act is satisfied that a person has, without reasonable excuse, contravened an order under this Act, the court may make an order for the imposing, in respect of the person, of one or more of the sanctions available to be imposed under subsection (2), being a sanction or sanctions that the court considers to be the most appropriate in the circumstances.

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
Thanks everyone, I have weighed the pros and cons and have bitten the bullet and have gone out and purchased the items that were "missing".  I will not give the X the satisfaction of having one over me.  I have to admit the items I purchased were not top of the range, well I don't think I could have bought them cheaper at a garage sale but they do comply with the orders.

I believe I was quite fortunate to have consent orders made, if they weren't I would have had to become an SRL.

When the orders say, "to be made available" within a certain time frame, does that mean I have to notify the X and say they can be picked up within that time frame or is the onus on the X to contact me to arrange a time for the goods to be picked up.

Thanks again everyone for the feedback.
When the orders say, "to be made available" within a certain time frame, does that mean I have to notify the X and say they can be picked up within that time frame or is the onus on the X to contact me to arrange a time for the goods to be picked up.
Does it matter? Personally I'd inform her that they are available ASAP, in a way that can be recorded just in case.

I'd also insist that upon collection and that the collection is also recorded, again just in case.

Perhaps her intention, if she already had the items, was to try to force a contravention, perhaps just revenge.

Whichever, if any of these, the plan would have backfired. Perhaps that's something you can feel good about, if not then feel good that it's something else ticked of the things needed to be done list.
What I'll be doing is recording everything, have an impartial witness and get the X to sign for everything.

That way I should be covering all the bases.
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