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Contravention application in 2 weeks

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rannii View Drop Down
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Joined: 25/May/2013
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Topic: Contravention application in 2 weeks
    Posted: 24/September/2017 at 17:16
So ex returned kids to me and opted not to have school holidays.

Just got served with papers that he is taking me to court for contravention for such. I've 2 weeks to prepare.

Can't get legal advice in that time! His contravention does not advise what he is seeking.

Have found a loop hole that rice and asplund does not have to be satisfied, if a contravention application (proven or not) had been tabled.

Sigh!

What do I do?

Do I reply to the contravention application or wait for court date?

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 24/September/2017 at 18:51
what does the contravention state?
He opted not to have the kids for the holidays? was this in writing?
self rep... He is addicted to court, some folk like ciggies, some grog.... He is addicted to court.

Reply to his solicitors in the hope of keeping it outa court.

rannii View Drop Down
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 24/September/2017 at 19:20
He was meant to fulfill conditions to get half holidays - he didn't.

So when holidays came - if his interpretation is correct - then he got first half,   At conclusion of weekend (it was first time also he dropped kids back on the Monday), he turns up at my place and texts "where are you?".   I reply "at work". "So where am I meant to return children". "At vacation/daycare". He did!


Same idiot lawyer as before - not going to bother reposondong to her as tried last year and she told me to go "f" myself!!

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 24/September/2017 at 19:45
"He was meant to fulfill conditions to get half holidays - he didn't. "
what does that mean?

Ok so stupidity management. I always text to confirm drop off's / pick up's... I do it 2-3 days ahead of time. It does not stop me from sitting at macca's for hours sometimes. But it is ok, they have free wi-fi. but what matters most is being strategic to stop stupidity from winning.

rannii View Drop Down
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 24/September/2017 at 22:15
He had 12 months to take the children for "holiday time" to show his interest in holiday time.

He didn't. So he doesn't move to half of school holidays.

So I have text messages confirming he has returned the children to my care at the conclusion of the weekend, emails where he has agreed he is not entitled to half holidays and now I'm getting contravened as he didn't spend time with the kids?!?!

I do not get it! He can return them early, and then get me in trouble because he returned them early?? He now wants to spend all the time he has "missed" in the last 12 months as a block, in addition to his 3 weeks he would have been entitled to over Christmas. Kids have only ever spent 7 nights away from me once, more than 12 months ago.   They are 4&5, how
Are they going to handle 3 months?

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2017 at 07:36
so self rep... Do you really think a magistrate will order the kids go with him for 3 months? presumably OS?
no chance

Eldest child will be in school? so miss a whole lota the first year of school... NO CHANCE


Edited by emca01 - 25/September/2017 at 07:37

Sonata View Drop Down
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  Quote Sonata Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2017 at 15:15
So, from what I understand, neither of you actually bothered to communicate about the impending holiday time so that you were both on the same page before holiday time commenced, is that correct?

Or did you clarify with dad before he dropped the kids back that he wouldn't be taking holiday time with them?

Has he asked for holiday time at all in the past 12 months?

rannii View Drop Down
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 26/September/2017 at 23:14
I'm confused?   Should I be asking him weekend he takes the children whether he intends that to be "holiday" time?

Orders state he needs to give me notice of his "holiday time" and provide me with evidence of his time off.   He did that in 2016, he took kids and had holiday time.

He did not do that in 2017, so from my understanding it was a usual weekend.   We were using a contact centre - so both of us had to confirm changeover 2 weeks prior. So he confirmed the children's return on the Sunday. He returned the children & as the orders are he get weekends - then I assumed as I hadn't heard others (orders require notice of holidays), then I thought nothing of it.


Now since he hasn't spend any "holiday time" with the kids in 12 months - the orders provide that he doesn't get half holidays.   All year (prior to all school holidays) I've contacted him advising that I'm happy to amend the orders to enable half holidays and that we need to agree & sign the paperwork for stamping to the courts. I've presented him with the paperwork - he has ignored.

So I have court orders which don't give him holiday time, he has ignore my emails to sort out holiday time. I facilitated the kids to go into his care at the commencement of such time, and he has returned the kids to my care.

What else am I meant to think? I'm following the orders, he is following the orders & now he is restrospectively stating "wait, i feel i should have had the kids and not have handed them
Back to you - so I'm going to punish you for that".

He elects not to communicate with me, will not confirm drop offs/pick ups etc. when pickups are at my place he arrives early without warning (2-3 hours) and expects me to be home and kids ready,   Or they are dropped back late.

On one of the Occassion I'm getting contravened for, I've text exchanges where he's berrated me for not being home & ive had to highlight that orders provided for school/daycare drop off. (Oh, that was the Occassion he asked the prior week what he needed to supply for our child for vacation care drop off for the Monday).


Still, as the mother I guess and as I have primary care of the kids - somehow everything will be my fault and I am meant to be a reader and realise he wanted to depart from the orders & should have accommodated for that! Sigh!

rannii View Drop Down
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 13/October/2017 at 00:33
Ok.   So it wasn't about the "contravention" at all.   He is seeking to open up the orders in its entirety. There's a loophole where you don't need to met rice and asplund - you simply lodge a contravention application.

Before the advice is given to "just give him what he wants",   I don't know what he wants. His legal team will not advise as such. Nor will he.

I guess I might find out at our hearing next year. Unless of course, our judge is able to spend judicial time on it on our date & then I will essentially head into a "mini" trial blind folded.

Sigh!   

I thought our system was to try and keep people out of court. And remove the stress from people's lives.

I just hope the children can continue to reside in Australia!

rannii View Drop Down
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 16/November/2017 at 13:43
Ok - so we have been pushed to next year.


Been put on notice that he is seeking the last 18 months worth of holidays as "compensation", and now will be having the majority of the school holidays over the next 4 years......

Liklihood of that happening???


I am also going WTF?? does that mean he can say "nope, working these holidays, don't want the kids",   and then go back and contravene me, and then want ALL the holidays that year (when he folks are here from overseas?)


Oh dear!

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 17/November/2017 at 09:15
ok so he didn't request holidays? you did not withhold on holidays? You have communication from him confirming pick up / drop off? He has no communication that states he asked for the kids in holidays?

Self represent. You don't have much to lose here... Even if he happens to get all the holidays for the next few years I doubt he will actually insist on having those times...

Look at least he isn't trying to use this to get more weekday time on a regualar basis.

rannii View Drop Down
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: Yesterday at 07:35
Correct for you whole first para.

Lol! Solicitors are idiots. Had them email me today that he cannot have time over holidays without me agreeing to depart from orders - they kindly pointed out that I am able to do that:

Hmm, they telling me that he is not entitled to have that time without my consent, yet I'm facing a contravention where they state he was entitled to that time???

Now to collect all my offers over the last 2 years which provided him with half holidays that he refused to sign. Proof I've done everything I could to give it to him.

His solicitor also kindly pointed out we don't need to amend orders -   It can simply come to an agreement - considering I've now got almost 20 allegations against me contravening orders - I would have assumed ex would want security of orders he can enforce (and contravene me for), rather than hoping o stick to an agreement.

Considering there is no contravention of orders. I will just continue to wait until court next year.

Sonata View Drop Down
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  Quote Sonata Quote  Post ReplyReply Direct Link To This Post Posted: Yesterday at 19:15
Needing either parent's consent for time spent with arrangements is just such an obvious recipe for disaster. Why aren't you seeking to have that part changed?

rannii View Drop Down
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: Today at 08:02
Sonata,

I'm just willing to abide by current orders (each alternate weekend).   I'm happy to amend the orders in the exs favour so he can have alternate weekends and half holidays.

I'm simply wanting this stamped by the court. There is a bit of a disagreement regarding one of the middle year holidays. I want it to run the same as the other two middle year holidays, he wants me to agree to an changer over time I cannot possibly abide by.

Legal advice given to me is that I could not take this to court - as you cannot force secondary parent into further time.

However there appears to be a loophole in the rice and asplund rule - a contravention simply needs to be allegded (not proven), this enables final court orders to be amended. This appears to be the tactic taken by my ex.

Considering he is seeking as "punnishment", that he be able to make up time he didn't take over the last almost 2 years, at any point in time ("likely" to be in school holidays), over the next 6 years, I thoroughly understand the need for clearly defined orders. Our weekends recommence depending on who has had the last weekend for holidays - so his solicitors threat on what they are seeking at contravention means I cannot be certain of when the kids may be with me, or him over the next 6 years.   However, he gets all the power and can control (or upend) my life!

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