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Forum
Started Dec 23 2012, 22:54
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Dec 23 2012, 22:54
I am a devoted Nanna and very much missing the bond our whole family should be sharing with our youngest grandchild who is now 3 1/2 years.
Briefly, as this initiating application has now been dragging on for nearly a year now ! My son who is the father is representing himself in this case and I must say is doing a wonderful job. However, it seems every positive step he takes forward the Mother hinders by taking every step to prevent him seeing his son.
Without going into the long drawn out history of the Mothers refusal for our son to see his only child it has been concluded from the court ordered psychiatrist report the "the Mother is not prepared to encourage the child's relationship with his father other than on her terms which may be guided by the desire to rekindle the relationship". This is definitely not going to happen and it seems the Mother is not prepared to accept this.
The court made an interim order in September 2012 that the Father be re-introduced to his child by a family consultant. Thereafter the Father would see his child every consectutive weekend for the next six weeks to make up for the long period of time since he had last seen him. Then every second weekend from Friday 5pm to Sunday 5pm until the hearing set for February 2013.
The reason for my discussion is the refusal by the Mother to follow interim court orders and if anyone can shed some light on the outcome of continual refusal.
The course of events so far have been since the September Interim Order:
There have been only 2 visits to the Family Consultant for re-introduction where the Father was supervised by the consultant with his child - very positive. The next visit was again supervised by the consultant this time with the Father and his Partner of 4 years - again very positive. However the third visit which was to be a change over where the Father was to take his child out for 4 hours - the Mother refused to bring the child for the change over.
A contravention of the order was immediatley put in by the ICL who was given liberty to apply due to orders prior to September not being followed by the Mother. However, the ICL cannot get the contravention application heard until the hearing in February 2013.
Now due to the fact the Mother refused to take the child to the change over the Father will miss all the visits made on the interim order up until Feb 2013. Which means another Xmas our family will miss with this precious baby.
The question is:
1) What if the Mother still refuses to let our Son see his child even when there is an order by the Court that she must do so ?
2) How many contraventions before there are any repercussions to the Mother to enforce the orders ?
3) Can the child be physically taken from her (by authority) to enforce visitation ?
Our Son's initiating application is definitely not in question here. It is getting the Mother to comply with the orders that are current and the Final Orders Sought that will be applied in the Final Hearing.
ID#12565671
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