Login|Contact Us
Question and Answer

Australia Law

Ask an Australia Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

RA hs

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
  • Solicitor
  • Positive Feedback: 96.1 %
  • Accepted Answers: 16903
Verified Expert
in Australia Law

Recent Feedback

Positive
All good thanks
Positive
Type your review here...
Positive
I'm happy with replies as I got straight answers on all my question.
Positive
I got the information I needed to ensure I was not making a business and legal...
Positive
this was of great assistance. thankyou
Positive
It was how I think it will be

Customer Question

Family Law enquiry.. Hi I have consent orders in place since 2003 for children. In orders it states that children can have telephone access with me as they wish and also an injuunction is within the orders preventing the other parent removing a child from the state without first giving 21 days written notice advising leaveing and rtn dates ad contact address, telephone etc at destination. I believe the mother is contravening the orders in that she tells the children I am not to call them on the home landline and they are not to call me on the landline and secondly the mother sent one of the kids interstate for 10 days to her relatives place and did not provide the written notice, address etc as per the injunction. Currently we are in the process of telephone mediation which is yet to start and thereafter a family court certifcate will be issued ie both attended, and/or mother did not participate any which way I understand the requirement to have such mediation certificate prior to taking court action, which brings me to my main question and that is as follows: How and what do I do to take the mother to task for contravention of the orders. I have limited money and will be representing myself. I need to know what court form is required and/or is there a DIY kit , what is the procedure and process, what am I too include in the form and likley outcome and or consequences for the state of Western Australia.

Submitted: 474 days and 12 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
Picture
Expert:  Alex replied 474 days and 12 hours ago.

How and what do I do to take the mother to task for contravention of the orders.

Here is the form you need:

http://www.familylawcourts.gov.au/wps/wcm/resources/file/eb99e24a2701f31/App_Contravention.pdf

It is relatively straight forward and self explanatory.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.

Customer replied 474 days and 11 hours ago.

The copied section is form the contracvention kit. Please advise the required affidivat form (ie a copy or example) and explain what are the relevant rules as highlighted below.

 

 

"State precisely what the respondent did or did not do which you allege amounts to a contravention, including the date, time and place, if applicable. See the examples below. Do not set out the evidence upon which you rely to prove the alleged contravention. This must be set out in an affidavit filed with this form (See Rules 21.02 (2) and 21.02 (3)).

Picture
Expert:  Sydney-Lawyer replied 474 days and 10 hours ago.

Good Evening


Here is the rule. It simply looks at the type of contravention and explains what orders you should ask for and also what forms you should use.

In your case it says you have to file an Affidavit supporting your application and also set out if the pther party has breached an order before.

http://www.austlii.edu.au/au/legis/cth/consol_reg/flr2004163/s21.02.html

The Affidavit is on the following link

http://www.familylawcourts.gov.au/wps/wcm/resources/file/eba23109d1451ee/Affidavit.pdf

In this you set out what happened and how they have not complied with the Orders.

I hope this is of assistance and if so please click on the accept button.




 
Tweet

Solicitors are Online Right Now

Ask Your Question Now
Australia Law Questions Date Submitted
Question is on California Family Law 5/2/2013
My Friend who is a NewZealand woman was married in New Zealand 4/22/2013
What do u think about timeshares 4/10/2013
We entered into a time share agreement and decided 4/8/2013
RA-JM 4/8/2013
Hi Alex I was just in Phuket and signed a contract with premier 4/3/2013
Hi, before I get to my question, here's some background information. 3/31/2013
Hello Australian Law 1. Offer was made on my property. 3/13/2013
RA-100 2/28/2013
Hi, I joined a company this year and upon joining, I had 2/19/2013
RSS
Next 10 >
Ask A Solicitor
Type Your Australia Law Question Here...
characters left:

Top Australia Law Experts

See More Solicitors

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
241 Solicitors are Online Now
Type Your Australia Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan