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Can EX get away with this?

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SelfishBTCH1 View Drop Down

Joined: 07/July/2015
Location: Australia
Posts: 70
  Quote SelfishBTCH1 Quote  Post ReplyReply Direct Link To This Post Topic: Can EX get away with this?
    Posted: 25/November/2017 at 03:07
Hi I’m seeking advice for a friend plz.

He’s in the early stages of the family courts and has orders that state he is to have the children every Tuesday, Thursday, & every second Saturday over night.

On Tuesday his EX messaged his mother and said that the children won’t be going to their fathers anymore as they don’t want to and that he won’t be spending time with his daughter as previously ordered for her birthday on Thursday.

H is cut to pieces as he’s now unable to give his daughter her birthday presents and doesn’t know when he will be able to see the kids next.

Can the EX do this without any orders in place that state this.

Any advice will be appreciated. Thank you in advance
Thanks for taking the time to read my blog and any information you may be able to provide me.

rannii View Drop Down
Legal Guru
Legal Guru

Joined: 25/May/2013
Location: Australia
Posts: 1135
  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 25/November/2017 at 07:50
If ex has solicitor, contact and advise of "potential breach".

Given you are still in court - this will look bad on her - it's the primary parents responsibility to
Ensure kids see secondary parent.   Kids don't like going to school, but it's a parents responsibility.

Depending on age of kid - how about you talk to kid and see their issue? Maybe not comfortable with overnight, so say "hey kiddo, how about we have a couple of weeks off overnight, but I will pick you up from mums, we will have dinner and then I will drop you back!"

This shows the kid they are important to you, you are listening to their concerns and you arenflexible.   It will help build trust.

Provide ex with notice that you will be seeking an "enforcement order" and go through that avenue - maybe she will back down.

Short answer is "no she can't".

Btw, a couple of weeks ago in the Australian there was a case where the judge overturned the "custody", kids now reside with father with an initial "no-visit" zone with mother, and then at contact centre - simply because the mother refused to allow the children to
Build a relaxation hip with their father.

The family court process is long and slow -   It generally gets there (to fairness) in the end

emca01 View Drop Down
Legal Guru
Legal Guru

Joined: 20/July/2012
Location: Australia
Posts: 2233
  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 25/November/2017 at 19:22
can she do this? no... Is she going to YES...
get back to court asap.... judge will not be happy. But more importantly, he should not do anything dumb... Dont go to her house, don't threaten her...

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