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Ex refuses to return items as per consent orders

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anonACT View Drop Down
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Joined: 22/January/2018
Location: Australia
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  Quote anonACT Quote  Post ReplyReply Direct Link To This Post Topic: Ex refuses to return items as per consent orders
    Posted: 22/January/2018 at 14:57
Hi guys quick question.

Divorced around 18 months ago, consent orders drawn up for property and kids.

When split up initially she moved to her parents house and took a bunch of hers and my stuff with her. She has since moved out and left my stuff behind.

Accroding to the consenst order she needs to facilitate with my representative access from her parents to get the stuff listed in the agreement. She is refusing to do this, her words are; ‘As I have discussed with you previously, my parents, as the owners, have refused to give me a date. I cannot be in contravention when the owners have refused to engage with me. To put it simply I do not have authority to access that peppery. I have also informed you on numerous occasions and I have relayed to you that the owners asked you to contact them to arrange things and you have refused to engage them. Your behaviour is petulant as the simple course of action is to engage the owners. As you can reasonably expect this is not my property and if the owners are not giving me permission then it is out of my scope of authority.’

I believe she is just wasting time and stalling to make life difficult, or perhaps is planning not to return anything at all.

I have contacted her parents via email, which they have ignored. They have also said in the past they do not want to deal with me.

I have lodged a contravention application with a court date in Feb, but I just want to know peoples thoughts here and if I am wasting time… The exact wording of the consent orders are;

‘that within 7 days of the date of these Orders, the Applicant wife will facilitate the respondent husband’s nominated representative access to her parents property to collect…

citizen-joe View Drop Down
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Joined: 09/October/2005
Location: Australia
Posts: 554
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 22/January/2018 at 23:29
I think a simple court order served on the parents requiring them to hand over to you the items that are yours, would be a start. I expect you will need a list of the items that you state are yours and perhaps the services of a solicitor to obtain that court order.

anonACT View Drop Down
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Joined: 22/January/2018
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  Quote anonACT Quote  Post ReplyReply Direct Link To This Post Posted: 23/January/2018 at 08:04
Hi CitizenJoe, that sounds like a decent plan. Is it worth following through with contravention order against ex, or is this a dead end.

emca01 View Drop Down
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Joined: 20/July/2012
Location: Australia
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 23/January/2018 at 08:16
have you told the ex that you have contacted the parents as per her instructions and they are not responding?
do that.
What is the value of the stuff?
Maybe include in the communication that you will seek a contravention and a costs order for her refusal to comply with the orders.
But.. what is the value of the stuff...
Mate I got kicked out. Left homeless... Nothing but my car, and the clothes on my back. Sucked at the time but it is only stuff and losing it all (and the insane costs of solicitors) have lead me to appreciate a more modest life with less stuff.

anonACT View Drop Down
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Joined: 22/January/2018
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  Quote anonACT Quote  Post ReplyReply Direct Link To This Post Posted: 23/January/2018 at 08:44
Honestly the stuff isnt worth much, mainly sentimental.

I guess it comes down to principal. 18 months or so ago after divorce went through was trying to develop consent orders. At that time they were very simple all I wanted was my stuff, and she could keep all her stuff, any joint stuff split. She had significantly more assets than me, including invest property and large super that had been added to over the years.

She agreed, although when drafting the orders started playing around, trying to keep some of my things, writing down her assets, inflating her debts etc.

At that time I was also continuing to pay half of the car she was driving with the view to her buying it out. One day she decided to stop making payments, so I stopped too. Then she refused to get it insured in her name, then smashed up the bumper somehow and side somehow leaving me with the debt in my name. With repossession agents beginning to chase her down she dumped the car on me etc.

Finally I cracked the sh*ts and long story short she paid some expensive solicitors to draft a consent order that left me with a super payout from her and a very small amount of cash and an old car, but also... my sentimental items returned to me.

And so, she has dragged this for years, fought and fought for things she doesnt even care about, and instead of simply doing the original split back in 2015/16, returning my things and keeping her own, she has brought upon herself large costs and still has this saga dragging on years later, with her throwing up dumb issues like this, for some reason.

So I guess my point is, the items are worth not much, but they are mine and since the start have caused a long hard ordeal for little reason, and now the end is in sight I am not going to roll over.

emca01 View Drop Down
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Joined: 20/July/2012
Location: Australia
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 23/January/2018 at 15:51
mate I feel your pain... Been there... Done that. Spent $$$ on getting a solicitor to write to her requesting she provide an opportunity for me to come get my stuff from MY HOUSE. We didn't have consent orders, we had an agreement that was negotiated via solicitors. $$$... Boys toys, surfboard... personal items... OF no real worth on ebay...

So after she played silly buggers and I sent ANOTHER letter via solicitor, she told me she'd had a garage sale long ago and the stuff was already gone... Maybe it was, maybe it wasn't BUT not worth the grief on the long run...

I really think seeking an enforcement order through the courts is going to cause you more stress and money with no likelihood of a good result and she will think that funny....

emca01 View Drop Down
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Joined: 20/July/2012
Location: Australia
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 24/January/2018 at 08:10
Just a thought... I know this is QLD but worth a read
http://www.legalaid.qld.gov.au/Find-legal-information/Neighbourhood-and-property/Abandoned-goods#toc-property-someone-has-left-with-you-2

anonACT View Drop Down
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Joined: 22/January/2018
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  Quote anonACT Quote  Post ReplyReply Direct Link To This Post Posted: 29/January/2018 at 09:10
Helpful, thank you, I am certain there will be an ACT equivalent.

I wonder if I might even be able to file a police report.

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