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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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Sean, how are you today I have a couple of questions

Customer Question

Hi Sean , My name is ***** ***** how are you today
I have a couple of questions relating to Family Law - Application in a case , change of circumstances , and contravention of Court Orders.
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
Hi Sean , My name is ***** ***** how are you today
I have a couple of questions relating to Family Law - Application in a case , change of circumstances , and contravention of Court Orders.
1-Final Orders were made by the FMC - 05/12-2014 .
Allowing relocation of Ex with Child. However the ex did not relocate as the new relationship ended. So the orders are not practible
Customer: replied 2 years ago.
Sine the Final orders - the ex has with held the child on 2 occassions and is not allowing communication by phone with the child .
Customer: replied 2 years ago.
I have invited the ex to attend FDR andis refusing to acknowledge to request. As i would like to resolve all these issues and correct the orders to reflect the change in circumstances - as she didnt relocate
Customer: replied 2 years ago.
I am now drafting a formal letter by me today - sent by registered post as emails are bing ignored
with a final attempt for her to agree to attend FDR
Customer: replied 2 years ago.
Would you like to see a copy of the Final Orders ? I can attach ?
Expert:  James D. Ford replied 2 years ago.

Hi, what outcome are you seeking... sounds like there has been a Contravention of the final orders... as your ex has on two occasions not allowed communication with your child by phone... this can be addressed free of charge via a Contravention application to the Court...

Do you have all of the information you need to make a Contravention application?

Follow this link..

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/form-topics/applications/form-app-contravention

With regard to other changes to the final orders... what is impractical about them, and what do you want changed and why?

Kind regards, James

Customer: replied 2 years ago.
Thanks Sean .
The Orders are impractical for number of reasons based on the fact that reloaction hasnt occured and dropoff of the childto Broadford is no longer relevant , as the child has remained in Wallan.
The changes I want to make is for 50:50 - equal time.This can be achieved by changing the School of the child to be within 5kms of where I live and where the mother works . Changing of the School was obviously allowed by the final orders as part of relocation.this change would enable me to drop of and pick up the child from the school without the need to see the mother.
So essentially the question is :
Application in a case due change in circumstance ( rice and aslund )
Application for contravention - to vary the orders .
Expert:  James D. Ford replied 2 years ago.

It is James (not Sean)...

The contravention application is for where the final orders have been disobeyed (which is a serious matter) as it is contempt of court to disobey a Court order...

With regard to the change in circumstances... you are right to attempt to use mediation in the first instance... rather than drag everything back into Court.... please read the following information issued by the Court.. regarding changes in circumstances...

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/parenting/applying-to-change-an-existing-order/

Kind regards, James