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I Have final Orders and sole custody after a lenghty" magellan"

 
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  • Answered by:Sydney-Lawyer
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Customer Question

I Have final Orders and sole custody after a lenghty" magellan" case in family law , my daughter has supervised visits until 18years of age. Since August 2010 ive been back to court with false accusations of contrevention , all 28 charges where dropped before entering the court room, needless to say this is a very costly process. he is constantly demanding information i already supplied as by the order Long term issues , schooling Doctor / Medical , Religion and Travel also phone contact. He demands things even after contacting the schools doctor etc as the court order allows him to find out at his expense information and after already providing this information to him anyway, I always provide all information to him as well. Hes now contacted a mediation process to have discussion in regards XXXXX XXXXX contact , schools information, flexibility in phone contact and supervised contact time with his partner. could this be a case of Harrassment as i always abide by the orders, I feel under attack and get anxious now even when i go to my post box to collect the mail this started 4 weeks after final orders and hasnt stopped yet. what should i do as fiancially my daughter suffers as any money is spent on legal representation.

 

Optional Information:
State/Territory: QLD

Already Tried:
communication via mail , consultation process as per order. i supply every bit of information to him that is required and more . nothing works he continually lies about situations and then threatens contrevention.

Submitted: 339 days and 16 hours ago.
Category: Australia Law
Value: AU$71
Status: CLOSED
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Expert:  Sydney-Lawyer replied 339 days and 15 hours ago.

Good Evening,


Do you keep copies of all information you send him and do you send them by post?


Customer replied 338 days and 14 hours ago.

Yes!!! everything even phone calls I am constantly keeping all records of correspondance and have done as i know the nature of the beast. He manipulates , lies and twists situations not to benefit our daughter , but himself. for instance our daughter has held a passport which he signed when she was 2 years old i wasnt living with him at the time he signed it because we had a family holiday booked for a very long time while i was with him, we seperated and he refused to cancel his booking and when she required it to be renewed so she could travell with her dance school to disney land to dance on stage after myself holding the passport for 5 years he refused to consent as he stated i was a flight risk. In this time i had travelled to America twice for work .The passport office had a person not qualified to deny my application . I sent in a B7 & B9 form attaching it to my court orders as I have sole custody and unfetted parental responsibility, the court order didnt state "sole" thats where this person didnt read the whole order as i only have an area where i have a cosiltation process to notify him of any long term issues as stated above and passports are not a long term issue?. I tagged onto the court proceedings of the contrevention i was being taken to court for

I was given an order for the passport with or without the fathers signature . all the Money for Hollies trip is now spent on legal fees and she carnt attend . This is just two issues.

 

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Expert:  Sydney-Lawyer replied 338 days and 14 hours ago.

Good evening


It appears to me that he keeps doing this and noone has made him pay. I have seen the Family Court/Federal Magistrates Court award costs against parties like this for brining frivolous and vexatious applications to the court.

If this has not been done then I suggest that you request costs next time.

You need to keep copies of everything you send to him. If by post send it registered and have him sign for it.

The next time he brings an action to say you have not complied you have his signature that he has received it. This will assist in cost issues.

I know it sounds petty but this is what you need to do. saying you sent it is your word against his this way it shows he received it.

Also keep photocopies of what you send.

It is a difficult matter but there is very little else I can tell you.

It is not harassment under the AVO legislation.

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

Customer replied 338 days and 13 hours ago.

I send all correspondence via registered post, I keep all photo copies of documents sent , I did apply for costs when he took me for the 28 contrevention and passport case. He pulled out before it went in to court that day , the judge didnt award costs at all ? I didnt undestand why? Now ive been contacted by the telephone mediation centre as he wants to vary whats in the orders , I dont want anything to go against me from refusing mediation? We have final orders after being in the court system for 31/2 years he hasnt followed the orders by skipping the consiltation process and im following the orders to the T.

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Expert:  Sydney-Lawyer replied 338 days and 13 hours ago.

Good Evening


When he withdrew the application did your Solicitor ask for costs?

You have to go to mediation. If you dont he will get a certificate and you will find yourself back in court.

Have all the information you have on what has happened and make the mediator aware of the issues with him.

You set out hew has been the one in breach of the order all the time.

It sounds like a nightmare. You have to play the game unfortunately.


Customer replied 338 days and 13 hours ago.

Yes he did even before we went to court they attached it to my documents , the Judge decided on the day not to approve it . Yes it is a night mare and im worn out.

 

 

Accepted Answer

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Expert:  Sydney-Lawyer replied 338 days and 13 hours ago.

Good Evening


It is up to the court if it awards the costs. I am sorry to hear about it all.

In the end not only are you exhausted but the child sees that the parents are fighting and it is not healthy for the child. He has to know this.

I am sorry I cannot tell you anything more positive.

You have to do what is right for the child. You should also see if you can get legal aid.
This may alleviate the financial burden.

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

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16654
Answered: 5/10/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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