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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14355
Experience:  I did my law degree at the University of Queensland
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i have had N.S.W court orders for me to give my ex visitation

Customer Question

i have had N.S.W court orders for me to give my ex visitation of our 5 year old son for the past 3 to 4 years
in this time my ex has done all he can to undermine my authority and continues to teach my son some terrible things and ways to treat women and others
it is at the oint where you can notice a real change for the worse in the week after he returns from his dads, its not just me that sees this his school also reports these issues to me nd his day care also did before he was old enough for school
my question is
is there anyway that i am able to limit or complety stop the visitation with his father
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane-Lawyer replied 1 year ago.
is there anyway that i am able to limit or completely stop the visitation with his father

Only by updating the orders, which you can do if the current orders are now more than three years old. The first step, however, is to have a mandatory mediation with the father.

This is a requirement under the Family Law Act. You should call 1800 050 321 to set up the mediation right away (its a free government run service). If the father does not attend the mediation then you will be given a certificate allowing you to apply to the Court for orders that limit his contact time with your child.

Obviously you would need a lawyer to assist you with this if things get that far, but you have to give the mediation a chance first before you can apply to the Courts.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question. Your question can continue even after you leave positive feedback, so if you have any follow up questions please don't be afraid to ask.
Customer: replied 1 year ago.

what would happen if i was to not continue to take him


we live 2 hours away from his father and i do all the travel


can i just not go or is there come back on me for that

Expert:  Brisbane-Lawyer replied 1 year ago.
The problem is that if you just outright stop bringing your son to see his father, then the father could apply to the Court for a contravention order to have you found guilty of contempt of court.

If you are found guilty you may be subjected to penalties, including a fine, community service order, probation, ordered to do a parenting course, or jail in very serious matters. You would also potentially get a criminal record if the judge gives you a stern sentence.

So that is the risk. At the very least, if you are planning on going down that road, you should write to the father telling him that if he wants to see his son, he will now have to start coming to pick the boy up. Be sure to keep a copy of that letter.

At least that way it doesn't look like you are trying to stop him from seeing his son, which the judge would take into account and likely go easier on you as a result.

Please don't forget to leave positive feedback so that I will get credit for the time spent on your question.
Customer: replied 1 year ago.

im not sure if i have asked the right question from ur answers


 


i would like to further limit and or completely stop him from seeing our son


 


he tells my son things like


 


your mum grew up in a tent


bitchs aint shit hoes and tricks


be bad at school and make ur mums life hell


 


these are just a few of the words of wisdom that he has taught my son hense the reasons for wanting to limit or stop his visitation

Expert:  Brisbane-Lawyer replied 1 year ago.
Okay, well it sounds like you want new Court orders in place so that he can no longer have access to your son to tell him things like that. So the first step to getting new Court orders is to have a mandatory mediation.

If you call 1800 050 321 they can set up the mediation up.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question. Your question can continue even after you leave positive feedback, so if you have any follow up questions please don't be afraid to ask.
Customer: replied 1 year ago.

sorry but i was ;looking for advise that i couldnt get for free off the net

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