For parents who have split and gone through the court process.. who has a consent order?
I posted on here a few days ago about my concern for my ex, and even after writting a email and the court ORDERING for him to have a correct car seat for our daughter, He did not.
He picked her up 5.75 hours late and had her in a unsafe car seat for her weight and height, then sped with her in the car..
I cant take her out of his care as its his time due to the order we signed, but there has to be something i can do about his reckless behavior around her?
Would you jump on the first offense ( previous ones happened prior to consent order being in place on the parenting agreement hence why i took her) Or would you wait for a few offenses to build up and take them back to court???
+ Reply to Thread
Results 1 to 10 of 27
10-08-2012 10:14 #1
Consent orders... Need help Urgently bubhubbers :(
10-08-2012 10:22 #2Senior Member
- Join Date
- Oct 2007
You can file a contravention application in the court now or you could first go and see a lawyer and get them to write a very firm letter to the other party demanding that he abide by the consent orders.
I hesitate to suggest that you stop contact until he complies because there are options aside from this eg your daughter could be dropped off at the other party's house rather than him picking her up. If there are witnesses to his reckless behaviour then you would have evidence to support your decision to stop contact until he gets the car seat.
Unfortunately it is hard to police his speeding, do even if consent orders say that he must drive carefully it is hard to prove otherwise, unless he gets a ticket when he has your daughter in the car.
Get some legal advice, if you cannot afford a private solicitor try legal aid or a community legal centre in your area.
10-08-2012 10:26 #3
If her safety is being jeopardised, you have every right to refuse. No court or police officer would expect anything different. If he can not arrive on time with the appropriate child restraint than he misses out. I had this problem with my ex. If he becomes abusive you call the police yourself. There is no second chance with safety hun. Follow your gut instinct.
10-08-2012 10:29 #4
Thanks im seeing a lawyer today as well.. I need to make sure she is safe in his care. But i dont want to be seen as a pain who is going to jump on every little thing.. I told him in October last year she needed a new car seat and he refused to get one. I was hoping with the court order he would get one, But again he is still refusing. I want our daughter to have a relationship with him but if he keeps this up I dont see how it will be best for her.
We also have a IVO against him for violence against myself and in front of our daughter which he also broke yesterday by trying to find out information on myself and our daughter when she is not in his care.
Ive had family members tell me to just let it be and log it, but i have been logging incidents since Feb this year and no one is taking me seriously anymore. I feel like im failing both my daughter and myself.
10-08-2012 10:42 #5
Good luck with the lawyer today. I'd definitely be refusing to let him take her if he doesn't have the correct car seat for her. If he gets abusive, call police. Is it possible to have someone be with you when he collects her for both safety purposes and evidence of the breach of orders?
10-08-2012 10:44 #6
And you are not failing her. Especially since you are looking into how to fix this issue, talking to lawyers etc. You are doing what you can. Can't ask for more than that.
The Following User Says Thank You to MissMuppet For This Useful Post:
10-08-2012 10:54 #7
He isnt allowed anywhere near me due to the intervention order I have against him, He collected her from daycare, daycare called us to notify us of the car seat that was being used and my partner went down before he left to check it out. He then seen it was the old one and when he called the police my ex sped off at excessive speed with her in the car ( not sure if she was even strapped in ) Worst thing is he is 34 and still doesnt know how to look after her
10-08-2012 20:03 #8
I have no advice, just wanted to offer hugs. I would deifnately jump on teh situation immediately and not wait for a few offenses to happen.
10-08-2012 20:05 #9
How did you go with the lawyer today?
10-08-2012 21:48 #10
The lawyer i seen today was wonderful, However since my previous lawyers were not looking out for my best interest and gave me wrong advice there is nothing they can do.
The lawyer i seen today was shocked that my lawyers let me sign the document let alone suggest that i should even do it.. She said all i can do is log it for the next 6 months to a year and see how many times he screws up.. If its a substantial amount I can get legal aid and re apply for new order, Or if i had $5,000 now i could take him to court but again because he only screwed up this once since the order started yesterday they dont see that as a huge breach and its minor. No matter how many times it happens. I still wont be able to get legal aid.
Im stressed about my daughter and i thought that lawyers would be giving you the advice that is best when you cant see clearly. But no my lawyer sat there and said this is what you should be doing agree to this.. So im not happy.. I went in there with one thing ( on the court day ) and came out with something completely different. Very highly pressured situation and being in and out of hospital for pre term labor doesnt help..
Sorry to vent, i just feel let down by the system and by myself
By Hopefully Waiting in forum General Parenting Tips, Advice & ChatReplies: 28Last Post: 17-10-2012, 20:53
By FiveInTheBed in forum General ChatReplies: 18Last Post: 10-04-2012, 18:16
By WantToHelp in forum Conception issues & ttcReplies: 21Last Post: 03-02-2012, 22:23
Little Kickers NSWLittle Kickers was launched in 2002 in the UK and arrived Down Under in 2009. Our motto is “Play not Push” and we ...
LATESTWhat is a blessing way? How is it different to a baby shower?7 ways to break the ‘mumnotony’ at homeGuide to government family benefit payments
POPULARWhen can I start giving chores to my children?New baby nursery checklist – a guide to newborn essentialsWhat to pack for labour and hospital – a checklist
FORUMS - chatting now ...
Would you breastfeed in public?General Parenting Tips, Advice & Chat
How long would you leave your 8 (almost 9) year old at home alone?General Parenting Tips, Advice & Chat
2.5yo hitting/pushing (possible ASD)Discipline & behaviour
The Not So Serious Vent Thread #7General Chat
IVF babies due June/July/August 2017pregnancy and babies through IVF
Financial advisor or accountant?Family Finances
Help with baby names please!Choosing Baby Names
IVF babies due March/April/May 2017#2pregnancy and babies through IVF