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ex not obeying final court order

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Jan1984 View Drop Down
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Joined: 13/January/2017
Location: Australia
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  Quote Jan1984 Quote  Post ReplyReply Direct Link To This Post Topic: ex not obeying final court order
    Posted: 21/March/2017 at 15:49
I am in the process for applying variation of existing parenting order. Just started.

My ex partner has been randomly picking up the child from primary school and withholding her for on 1-2 nights, not letting her attending school, wont notify me or school at all.

I am wondering is there anything i can do at this stage to stop him doing so? If I have to wait for the long lasting court procedure and eventually, the order made say i have full custody, can he still go pick the child up from school like this without my consent? If he really does that , can the police stop him straightaway? What would happen if ex not obeying family order at all, ( he seriously never care about police or school), say just every now and then, withholding her randomly for 1-2 nights, anyways to stop him or not really ? =(

I just want to know what I would be looking forward for the next school years. Will my daughter's education constantly interrupted like this? my ex is determined to fight against me. He has refused to attend mediation or discuss anything about care arrangement issues.

Thanks heaps!!

rannii View Drop Down
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Joined: 25/May/2013
Location: Australia
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 21/March/2017 at 21:26
Apply for an enforcement order. Its fewer hurdles to jump over to get to court.

talk to the school.   Unsure which state you are in, but its illegal to stop a child attending school in QLD, and absences need to be notified.

My school kids need to be collected from the school office within school time (or I need to provide consent at after school care) - provide the school with the court orders & they will not release the child to him.

Jan1984 View Drop Down
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  Quote Jan1984 Quote  Post ReplyReply Direct Link To This Post Posted: 22/March/2017 at 10:03
Thanks so much. I am in Victoria. Last time I spoke to school about her absense, they were not supportive, the lady basically said to me my ex can do anything he wants, withdraw the child anytime as he pleased or not sending kid to school at all. she said no laws for that, and education is not enforced. I am unsure if thats the case.

But yeah, i first need to get the existing order varied and possibly add conditions that he can not collect child from school. Working with my lawyer for that, hopefully not taking very long !

emca01 View Drop Down
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Joined: 20/July/2012
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 22/March/2017 at 12:46
So you want court orders that dictate when he sees child AND that he be restrained from taking her from school. If you get those orders and give them to the school you can apply pressure to them so that they understand they are not allowed to release child to dad .

BUT that requires a judge... Do you currently have court orders pertaining to the child?

Jan1984 View Drop Down
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  Quote Jan1984 Quote  Post ReplyReply Direct Link To This Post Posted: 23/March/2017 at 13:41
Hey Emca,

Yes we do have a family order from 3 years ago, which is very vague, didnt say anything at all but we share parental responsibility. Everytime, my ex decided to have the child when he is in the mood, he would just randomly pick her up from kinder or school, and withhold her for few days. When he is not in mood, he just dumps the kid to my home and disappear for weeks.

I do have an intervention order on him currently based on his violent behavior towards me.He has already had a few breaches on that, however police informed their hands are tight, if he refuses to answer the door, then police cant do anything. And because that old family law order didnt state anything, he basically just doing whatever he was doing previously to the IVO. Lol nothing changed at all after the IVO. very frustrating. =(

Also he refused communication with me for any care arrangement...

I said to my lawyer that I would like full custody for the child, and they have been preparing application for me.

emca01 View Drop Down
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 24/March/2017 at 06:59
I'm sorry to be writing this.... BUT - learn to accept it.
WHAT? so you go to court - you get orders saying he can see the child at specific times... He continues to do what he wants... You go back to court, he is given a warning... HE continues.... You go back to court, he is given another warning... By now 2 or 3 years have passed...

My thinking - learn to accept it. BUT wait - once the child is older you could have a conversation with the child about refusing to go with dad.... But for the minute, I think you need to accept that the courts really are not the big stick that we'd like to think they are...

Jan1984 View Drop Down
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Joined: 13/January/2017
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  Quote Jan1984 Quote  Post ReplyReply Direct Link To This Post Posted: 24/March/2017 at 16:12
Hi Emca,

Yea, i was thinking about 'to accept it'. This week, he randomly picked kid up from school for 2 nights, i met with kid at school both the following morning, kid was super distressed and anxious from lack of sleep, and whatever other reason is. she was not her usual self, doesnt want to play, appeared very scared for i dont know whatever reason is.

As a mum, i really feel like i failed on her for this. I wont count on her refusing to go to dad, because even now he treats her like this, she still likes to go to his. lol I dont know if later on, she will change her mind.

I previously thought a new family order will stop this. but now i think of it, he can still do anything he wants, it will take ages for court or police to really stop him. it is just really frustrating.

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: Yesterday at 08:42
call relationships Australia and ask him to attend mediation with them.

Might help. Look I think you want to try and get him onside on working with you. So making beneficial arrangements for the kid... Agreed times etc etc

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