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.
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.pdfIt 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.
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)).
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).