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We act for the wife (who is named) in relation to her family law matters and
are instructed to write to you.
We note that in those orders and pursuant to s.65DA(2) and s.62 of the Family
Law Act 1975 (Cth) the particulars of the obligations those orders create and
the particulars of the consequences that may follow if a person contravenes
those orders are set out in Annexure A and these particulars are included in
these orders.
We enclose again for your benefit Annexure A for your careful perusal.
1. The final children's orders provide for the parties to have equal shared
parental responsibility for the long-term care, welfare and development of the
children namely (full names and birth dates used).
2. That the children live with the father (the husband); and
3. That the children spend time and communicate with the mother (the wife)
(a) ...
(b) ...
[(a) and (b) set out various days, dates and times of the orders].
May we remind you that these are 'orders' of the Court and not merely
suggestions. The obligations outlined in Annexure A require that the parties
comply with orders. It is not sufficient for one or other of the parties to
suggest that they may circumvent the orders simply because 'the child does
not want to go.'
The obligations laid out by the Family Law Act 1975 is a Positive (sic) obligation
on the parent with whom the children live or spend time with to ensure the
compliance of the Court Orders and to encourage children to spend time with
the other parent pursuant to the orders. Specifically Annexure A states and we
quote;
Consequently, the fact that (the child [first name used]) has not seen our client
since (a month is stated) is unacceptable and a breach by you of these court
orders. If this situation were to persist our client will be instituting
contravention proceedings without further notice and in that event her costs of
such proceedings will be required to be borne by you.
May we remind you that the Family Violence Protection Act 2008 defines family
violence as behaviour by a person towards a family member of that person
that is physically or sexually abusive, emotionally or psychologically abusive,
economically abusive, threatening, coercive or in any way controlling or
dominating. Such that the family member fears for their safety or wellbeing.
Family violence includes behaviour that causes a child to hear or witness or
otherwise be exposed to the affects (sic) of these behaviours.
Drawing your children (first names used) into the family law dispute between
yourself and our client by suggesting inappropriate behaviour on the part of
our client and attempting to manipulate (the children [first names used]) to
"take your side" in such disputes constitutes family violence. Your abusive
behaviour presents a danger to (the children [first names used]). It signals to
(the children [first names used]) that it is "ok" to be disrespectful to our client
only on account of your version of the matrimonial dispute between you and to
involve the children in "adult themed issues" which for their age and
understanding is beyond them. The danger is that (the children [first names
used]) will learn from your abusive behaviour that abuse is part of life for
females and becomes even more accepting of such behaviour. There is a
danger that your children will come to believe from your abuse of their mother
by denigrating her to them constantly that she is a lesser being.
The greatest danger is that (the children [first names used]) will learn from
your behaviour that physical and emotional abuse are acceptable ways of
dealing with other persons and thus come to share your disability. Such a
disability could mar their dealings and relationships with others including those
they love, bring them into conflict with the police, the court and the community
and result in them being penalised and imprisoned.
For this reason it is essential that you desist from denigrating our client to (the
children [first names used]). In an effort to move forward we would suggest
that both you and our client attend "Parenting After Separation" courses in
order that you are better able to deal with your issues moving forward.
As a first we suggest that you immediately seek independent legal advice and
produce this letter to your solicitor with instructions for your response.