Hi all,
Just wondering if anyone has any experience in an ex breaching court orders. What happens if they do? I don't even have orders in yet, but I'm curious (and sceptical) about the long arm of the law in these circumstances. Is it another toothless tiger? I'm in Qld, if that makes any difference.
Thanks!

Hey alienated,

Can't speak from personal experience as to this point orders have not been breached, the process is fairly simple to initiate by making an application to the court for a breach, but it can become complicated.

As you are probably aware it can also get expensive and may take a couple of breaches before the court considers taking strong action.

I've talked to a few on the site that have been in this position and there are no guarantees, so you would really have to not follow this path on minor technicalities or it may be perceived as petty.

The ability is there that the judge need not be a toothless tiger and can send very strong messages if it chooses to so.

Like many questions in family law there is no straight forward answer.

I'm in this position...feel free to PM me.

basically i have the X on contraventions which should of bn heard on 14/02 but got ajourned till 19/03/08. Legal Aid wont asissit even though i have 10 seperate breaches and growing.

X claims children not safe & gone to DOCS to try to prove this - smart thinking coz if claims are substantiated then she can breach (if kids are at risk of harm). aside fromt hat she should get punished & i laso have a claim in for costs of serving the papers onto her

we'll see what happens...........

G'day Alienated,

I have had heaps of experience on this one and, there is a "contravention of order" form, you get from the FC. Its called a "Form 4" or something, and they'll tell you where to lodge it, you'll get a court date at some stage to have the matter heard. Record each breach in a diary, Try and use video or photographic evidence, for instance:
Just say changeover was to take place at McDonalds, obtain the security tapes that have the times on them so it can be seen you were there and they weren't.
Record phone conversations. Often they'll say "I'll just tell them I did drop them off and you're making it up" over the phone. So that's a good one to get.
The police who should have the power to enforce these orders, and who probably do but won't, can be contacted and used as witnesses later if need be, (that'll really annoy them though, and they may lie against you) and don't expect them to do anything other than tell you its a civil matter and to go back to court.
All this material can support your affidavit.
If there is abuse going on in the other parties household that can be proven then it may be an idea to get an emergency order made while the children are in your care giving you interim full time care until the evidence can be substantiated that the kids are at risk. If need be hold onto them til the week and then go in to court to have an emergency order made.
It may not be a toothless tiger but its a very, very slow tiger, as in 'years' perhaps.

Been there soooooo many times. just cant win! But hey isn't about your kids.I have a 15 year old daughter that i have not seen for 4 years she got taken out of NSW and moved to QLD i get a letter a month later to tell me she has moved and that I will never see her again but I will still take the cs money!
I then go to the cops they dont care. I then go to the solicitors they just want more money out of me that i just dont have and because i cant afford the money they dont want to know about it in the mean time my daughter has started school and i get told tht it would not be IN THE CHILDS BEST INTEREST that she should be brought back to Sydney. WHAT A BIG JOKE! Now i have to pay more money in C/S i dont get to see my daughter grow up and all because i am a male!

I'm hearing ya Jacko.

My orders just got changed at my contravention hearing i had for the X...was advd to drop this. I'm now down to supervised contact 2hr per week at a contact centre with a 2mth wait to get in!!! Thru false allegations...
that was heard on 19th march.....new court date 28th July (if i'm here then)

today i get a call from centrelink, along the lines of....your access has changed to 0% and you will lose FTB a & b & rent assistance i have and should have but we will backdate it to 16th Feb as per the applicant!!! WTF - the court orders.............no doessnt matter they were breached, was not actual time in YOUR care... So now my CS pmts go up to $380per fn & virtually no access...i say virtually as weighing up options at this stage & with a 2mth wait............

alienated
ive been there and done that basically if she breaches the court orders the family court will do nothing my ex breached family court orders on many occasions and nothing was done.however if YOU break them you will most likely be charged with contempt of court.it really sucks doesnt it .best of luck mate even when i had to get a restraining order out on my ex she would still come round threatening to kill me etc [witnessed by my neighbour who is J.P.and an officer of the very court the restraining order was sworn in] she also put a statue through the windscreen of my car,the police did nothing yet ill bet if a man did the same things he would soon be arrested.keep up the good fight mate and never ever give up ,your children are what really matters