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Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43480
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I had a court order drawn up regarding parenting, and my

Customer Question

hi
JA: Hi. What seems to be the problem?
Customer: I had a court order drawn up regarding parenting, and my lawyer put a notation, does this mean it is optional?
JA: Because laws vary from place to place, can you tell me what state the court order was issued in?
Customer: NSW
JA: Have you talked to a lawyer yet?
Customer: yes, the order was drawn up by my lawyer, but he had put a notation at the bottom, and my ex did not follow it saying that it was only a notation
JA: What advice did they give you?
Customer: i have yet to get a reply from them
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 8 months ago.
Category: Australia Law
Customer: replied 8 months ago.
We had a consent order drawn up (with pick up and return time specified), however my child has swimming lessons on one of the days and hence it was put in the order. However, my lawyer put it as a "Notation". And now my ex is arguing that he does not have to fulfill the notation if he didn't want to. I want to know if it is binding. He has breached the order and not returned my son to me on time (2 hrs late). I am tired of these mind games and just want to know what other options I have. This is only the beginning and he is very manipulative.
Expert:  Leon replied 8 months ago.

Good Morning.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The Notation is not an order.

Can you email me the full orders so I can have a look.

***@******.***
Expert:  Leon replied 7 months ago.

The notation says that the father will take the child swimming. It is not an order and cannot be enforced. But if they want to enforce it they have to go back to court.

It is simply a notation not an order.

I hope this makes sense and is of assistance . if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon