August 17, 2016 / como / 0 Comments
A person, who fails to abide by a parenting order, may be in Contravention (violation) of parenting orders.
Every time parenting orders are made by either the Family Court or Federal Magistrates, there’s an requirement that all parties must follow the orders. For example, a parent has a positive obligation to inspire a child to spend time with the other parent (if this is specified in the order).
In Parenting Orders, there are typically issues with failing to attend, failure to comply and, for example, arriving late or early for changeovers.
In these cases the party alleging non-compliance can file an application for “contravention” of the Orders.
Generally speaking contraventions are technically difficult legal arguments, and recent amendments to the legislation places an obligation on the party bringing the contravention to set out or indicate what actions can be taken to assist to remedy the situation and prevent further complications.
Before filing an Application for Contravention of Orders, you should think of the end result that you might want to attain and the available alternatives you have:
attending dispute resolution
getting legal advice
applying to a court.
Attend family dispute resolution
Community-based family dispute resolution can help you and the other party work through your disagreement. Resolving issues this way is less formal than going to court and should cost less in money, time and emotion. Also, since both parties are involved in shaping an alternative, it enhances the chances that an agreement will be long-lasting.
You and the other person can attend family dispute resolution before filing a court application. If an agreement is reached, you and the other person can make a parenting plan or apply to court for consent orders.
Should there be a history of family violence, it may not be correct to attend family dispute resolution.
Note: A parenting plan is not a legally enforceable agreement. It is different from a parenting order, which is made by a court and is legally enforceable. You should get legal advice about this.
Get legal advice
You should get legal advice before deciding what to do. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case. A lawyer can also explain and help you reach an agreement without going to court.
Apply to a court
If you cannot reach an agreement, you may consider applying to a court for orders. Going to court is often a stressful time for many people. It can also be expensive and time consuming. However, sometimes it may be the only way to deal with a dispute.
A court can impose an order to compel you to abide by the order. It also can vary an order to ensure all people bound by it comply with the order in the future.
What exactly is reasonable excuse?
If a court decides a person has contravened a parenting order, it will consider whether the person had a reasonable excuse for contravening an order. Some examples of reasonable excuses that may satisfy the court include:
1.the person didn’t grasp the obligations imposed by the order, or
2.the person reasonably believed that the actions constituting the contravention were important to protect the health and safety of a person, including the person who contravened the order or the child, and
3.that the time of the contravention was not longer than was necessary to protect the health and safety of the person who contravened the order or the child.
Standard of proof – ‘beyond reasonable doubt’
The decision of a judge or federal magistrate in family litigation must be evidence based. The more serious the allegation or more improbable the supposed event, the stronger the evidence has to be before a court concludes that the alleged event occurred.
Except for more serious contraventions or contempt, a party must prove the allegations or facts relied on to the court’s satisfaction on what is called balance of probabilities. The alleged fact must be more than merely possible; it must be more likely to exist than not. Thus, where the allegation is that one party has not complied with a court order, the alleging party (the applicant in a contravention case) must establish that it is more likely than not that the alleged breach occurred.
In the most serious contraventions, including contempt, a court will not find the case proved unless it is satisfied that all the essential facts have been established beyond reasonable doubt. This is the same standard required in criminal matters. In general terms it, means that the truth of the allegation must be the only reasonable explanation for what has occurred.
Contraventions are split into four categories
Contraventions are split into four categories, and depending on the contravention, the Court can specify the remedy or action that can be undertaken.
Contravention alleged but not established (Subdivision C): the Court may order the person who has bought proceedings, to pay some, or all, of the other persons costs.
Contravention established but reasonable excuse for contravention (Subdivision D): if the Court has found that a contravention of an order was established, but there was a reasonable excuse for the contravention, then an order can be made to compensate the person for the time that they did not spend with the child, or oblige the party who is in contravention, to pay some or all of the costs of the other party.
Less serious contravention established without reasonable excuse (Subdivision E): in circumstances where the Court has considered a contravention to be less serious, it may issue an order that can include some, or all of the following directions:
1.the party who committed the contravention is to attend a post-separation parenting program;
2.make a further parenting order that compensates the person for the time that they did not spend with the child;
3.allow the parties to make an application to vary orders;
4.require the person to enter into a bond;
5.make an order for compensation for any costs incurred as a result of the contravention (eg. travel expenses);
6.require the person to pay some or all of the other partys costs.
More serious contravention established without reasonable excuse (Subdivision F): if a party displays a serious disregard for their obligations under the order through their behaviour and a serious contravention has been established, the Court must then make an order to the contravening party to pay all of the other partys costs.
Furthermore, the Court may:
1.subject the person to a community service order;
2.require the contravening party to enter into a bond;
3.make a parenting order that compensates the person for the time that they did not spend with the child;
4.order the person to pay a fine;
5.sentence the person for up to 12 months imprisonment;
6.make an order for compensation for any costs incurred as a result of the contravention;
7.order the person to pay some or all of the other partys costs.
August 11, 2016 / como / 0 Comments
Gulshan Grover was born in Rampura Jorbagh in Delhi. Some sources say that his birthday is on 21st September 2010, but in an interview with a national daily Gulshan Grover has said that he does not celebrate his birthday as he does not know when he was born. He said that he was from a family where they were always short of money and the only one in the family without a horoscope.
Gulshan Grover’s father Bishambar Nath Grover owned a cloth shop in Trinagar and he was also a poet and a part-time actor. Apart from doing well in studies at the government school in Trinagar, he took part in dramatics and debates. He supplemented the family income by selling washing powder and phenyl door-to-door.
With good marks, Gulshan Grover passed school and got admission in B.Com (Honours) at Shri Ram College of Commerce (SRCC) in Delhi. He was selected the cultural secretary in the second year of college and he acted in plays in other colleges too. he was awarded the Madan Mohan Award for doing well in extra-curricular activities.
Career
As an actor in films
Gulshan Grover went to Mumbai to try his luck in acting. He stayed in Mumbai for 6 months but nothing materialized. His family forbade him from going back but he was determined and joined Roshan Taneja’s acting classes. Here, he met Sanjay Dutt, Anil Kapoor and Mazhar Khan. After concentrating in acting for a year, he worked in Roshan Taneja’s institute for a while.
Sanjay Dutt liked Gulshan Grover’s dedication and this got him a role in Sanjay Dutt’s debut film ROCKY (1981) directed by Sunil Dutt. But before that released a few other films he acted in. LAAKHAN (1979) directed by Dinesh Ramnesh and Hanif Chippa had Gulshan Grover in the film along with Aditya Pancholi, Jahnavee, Sohni, Vikram Gokhale and Naveen Nischol. Anil Kapoor’s father Surinder Kapoor saw him in a play at the acting school and offered him a role in HUM PAANCH (1980). The film based on the epic Mahabharata was directed by Bapu and also starred Mithun Chakraborty, Raj Babbar, Deepti Naval, Aruna Irani, Sanjeev Kumar, Shabana Azmi, Naseeruddin Shah, Anil Kapoor, Amrish Puri and A K Hangal. He was seen a couple of films like BULANDI (1981) directed by Esmayeel Shroff which starred Raj Kumar, Asha Parekh, Kim, Raj Kiran and Helen. He did a small role in Irshad’s SANSANI: THE SENSATION which starred Bindiya Goswami, Prem Chopra, Jagdeep and Jayshree Gadkar.
Gulshan Grover acted in Basu Bhattacharya’s MADHU MALTI (1982) starring Sachin Pilgaonkar, Sarika, Nadira and Prema Narayan. He did a role in Mahesh Bhatt’s ARTH starring Shabana Azmi, Kulbhushan Kharbanda, Smita Patil, Rohini Hattangadi, Siddharth Kak, Raj Kiran and Dina Pathak.
Shabana Azmi liked his performance in this film and got him a role in Mohan Kumar’s AVTAAR (1983) in which he played the role of Rajesh Khanna and Shabana Azmi’s son. He was seen in a brief negative role in Balu Mahendra’s SADMA (1983) starring Kamal Haasan and Sridevi. Through Surinder Kapoor, he got a role in Rajiv Mehra’s EK JAAN HAI HUM (1983) starring Shammi Kapoor, Rajiv Kapoor, Pran, Divya Rana, Tanuja and Rakesh Bedi.
Gulshan Grover was seen in Govind Moonis’s SASURAL (1984) starring Arun Govil, Sadhna Singh, Bharat Bhushan and Dina Pathak. In Yash Chopra’s MASHAAL (1984) he starred along with Dilip Kumar, Anil Kapoor, Rati Agnihotri, Waheeda Rehman, Saeed Jaffrey and Amrish Puri. He acted in YEH DESH (1984) directed by T Rama Rao starring Jeetendra, Zeenat Aman, Shakti Kapoor, Kamal Haasan and Amrish Puri. According to Gulshan Grover in an interview, his big break as a villain came with Umesh Mehra’s SOHNI MAHIWAL (1984) in which he played the role of the heroine’s fiance. After this movie, there was no looking for him. He acted in Sudarshan Nag’s INSAAF KAUN KAREGA (1984) starring Dharmendra, Rajnikanth, Jayapradha, Amrish Puri and Pran.
Gulshan Grover acted in B R Mishra’s SAUTELA PATI (1985) starring Raj Kiran, Khushboo, Naveen Nischol and Madan Puri. In Sohanlal Kanwar’s PAISA YEH PAISA (1985), he was seen along with Jackie Shroff, Meenakshi Seshadri, Nutan, Bindu and Amrish Puri.He also acted in Prithviraj Chatterjee’s AURAT PAIR KI JUTI NAHIN HAI (1985) starring Marc Zuber, Deepti Naval, Satyan Kappu and Sachin Pilgaonkar. He was seen in Veerendra’s TULSI (1985) starring Sachin Pilgaonkar, Sadhana Singh and Inder Thakur. He acted in Raja Bharathi’s MERA JAWAB (1985) starring Jackie Shroff, Meenakshi Seshadri, Shakti Kapoor, Kader Khan and Parikshit Sahni. In Raj N Sippy’s SHIVA KA INSAAF (1985), he acted along with Jackie Shroff, Poonam Dhillon, Mazhar Khan and Shakti Kapoor. MAHA GURU (1985) directed by S S Ravichandra starred Gulshan Grover, Rajnikanth, Meenakshi Seshadri, Rakesh Roshan, Jeetendra and Kader Khan. Ajay Kashyap’s JAAN KI BAAZI (1985) starred Gulshan Grover, Sanjay Dutt, Anita Raj, Swaroop Sampat and Anuradha Patel. He acted in a Ramsay horror film starring Rajan Sippy, Aarti Guha, Puneet Issar, Jagdeep, Asha Sachdev and Prem Chopra. The film was called SAAMRI (1985) and was co-directed by Shyam Ramsay and Tulsi Ramsay. In Ashok Tyagi’s SURKHIYAAN (1985), he was seen with Arun Bakshi, Brahm Bhardwaj, Krishan Dhawan, A K Hangal, Padmini Kapila and Suresh Oberoi.
August 5, 2016 / como / 0 Comments
Camping has always been a favorite of families for fun and get together. Times have changed and teenagers go not like camping anymore, there are no computers and internet signals in the woods and sometimes they even lose their cell communication. Modern camp grounds are not like this, of course you need to roughen it up a bit to enjoy camping, but this does not mean you have to be totally isolated from the world.
Summer camping with all the family is a great opportunity to bond and have fun. Even teenagers will go for it if you chose the camp carefully and make sure that they have wireless computer access and that they are within cell phone communication too. This does not mean that the kids will spend the day hooked up to the computers or phones all day. It means that they can feel safe and comfortable because they can still communicate even though they wont be doing it all the time.
It is important that you and your kinds define and set the communication with the outside times so you do not have any confusion later. The idea of the trip is to share with each other outdoor activities and not to go somewhere else to use the phone and computer. Schedules for this must be set and respected, if they are not the trip will end up in failure. Family activities should be agreed upon by all those involved. Canoe rides and swimming or hiking, horseback riding, any activity that involves the whole family must be agreed upon by everybody.
The children will not have fun if they are forced to do something they dont want. Get everybody involved in the planning and preparing of meals, everyone should also have chores to do, collect wood or wash the dishes. Get the family together for at least one hour at night around the campfire and talk to your children, listen to them talk about their friends or what they do or want to do. It may seem stupid to you or worthless to you as an adult, but their worries and problems are very real for them and they need solutions for these problems.
Forget about work and school and all the problems you have at home during thee few days. Concentrate on sharing as much time as possible with your wife and children. Make it a point to have individual activities with each one alone too. This will help you get closer and learn more about each other in a one to one conversation away from the normal environment of home pressure.
Talking and having family fun with teenagers is not easy. You must have patience and you must have a canny instinct to know and feel when it is time to approach them and when not to. Taking them out of their environment for a couple of days is good because they will be relieved of their everyday pressures and stress much in the same way you will also be relieved of these. It will be easier for both of you to communicate and talk about irrelevant stuff. Be patient and follow your instincts, this can be a great bonding experience that will stay with them forever.
A family camping trip is always a way to bring the family closer and to enjoy nature together. Take advantage of the time together and get to know your children better.
July 31, 2016 / como / 0 Comments
Your family is the best company to have during a Florida vacation because this is one of the most family oriented states in America. If New York is for the urbane, and California is for the fun-loving, Florida is definitely the family state to go to if you wish to enjoy quality time with your family.
Universal Studios – A family can’t call their family Florida vacation complete if they don’t take the time to visit its world famous Universal Studios. Besides having the opportunity to acquaint yourself with your favorite movies and Hollywood actors and actresses, there are also scores of wonderful rides, activities, and presentations offered to make your experience absolutely unforgettable. If and when you visit Universal Studios, make sure that you don’t miss the terribly fun Jaws encounter and the space-oriented E.T. Adventure. Special private tours can also be arranged.
Sea World – Paris may be the world’s definition for romance, but Orlando, Florida definitely symbolizes the essence of theme parks. Make sure that the itinerary list of your family Florida vacation also includes a trip to Sea World, one of the city’s pioneering theme parks and which has been operating for more than three decades already. Going to Sea World is one of the closest ways you can get to living to the sea.
Walt Disney – If your family is having a family Florida vacation this year, one of your reasons no doubt of heading there is to have a magical Disney experience. Orlando’s Disneyworld can be divided into four sections: EPCOT – where your family can transform your Florida vacation into a science adventure; Disney-MGM Studios, Animal Kingdom, and finally Magic Kingdom, if you wish your family – or more importantly the children – to have an unforgettable Florida vacation. This is the only place where their favorite Disney characters can come alive!
Dry Tortugas National Park – If your kids are clamoring for something more realistic than what Sea World has to offer, then don’t allow your family Florida vacation to end without a trip to Dry Tortugas National Park. This tourist attraction is the country’s one and only at-sea national park. Guests can enjoy diving, snorkeling, or simply catching sight of some of the most beautiful and unique marine creatures.
Busch Gardens – Have your children ever wondered what it would be like if their lives and their pets’ were reversed? If so, then you can give them exactly what they’re asking for at Busch Gardens. Guests have the option of viewing animals as they roam their natural habitat by train, cable car, or monorail. Besides this once in a lifetime opportunity, you can also satiate your kids’ thirst for thrills and excitement by getting them in heart-thumping river rapids. And for a special treat for the adults, you and your partner can also take a sip of the Anheuser Busch brew that’s the main product of this site.
Mallory Square – Life in Key West doesn’t have to be too quiet. You can take your family to Mallory Square where they can shop for lovely and rare items at Carribean Cargo and Shell Warehouse. After an exhausting but fulfilling shopping expedition, you and your family can choose to dine at any of Mallory Square’s restaurants while being wooed and entertained by street musical performers.
July 30, 2016 / como / 0 Comments
A simple family tree could be just represented by your grandfather, grandmother, father, mother, sister and brother. This is would be probably what a 7 years old kid would draw up for a school term assignment but do you know, this could be only be the starting point of your family heritage – your family generation tree!
In school or at home, kids are often taught… My father is your grandfather and my brother is your uncle; my mother is your grandmother and my sister is your aunt.. just to show how each family members are related to each other and to them. Sometimes that sounded so confusing especially to a young kid. Why not use a simple family tree to show how each one of them is linked to each other?
A family tree will be able to give a new perspective the way we connect our family generation; linking one member to another. Building a family tree can be simple, depending on the kind of family tree you want to build. It could be just a simple tree only linking our grandparents and parents and sisters with just names or It could trace as far back as our late fore-fathers and with it, include short write-ups on each of the family members and pictures of them.
Point to note that creating a family tree that is as in-depth as that may require some investigation, discussion with family members, and also researches. If you cant find your family members or are not in touch with them over some period of time, it may be a little bit more difficult to fill in the blanks in your family tree.
With the advancement in technology and innovation, complicated family trees can now be drawn; coloured beautify and printed out effortlessly. Thanks to the family tree creators software and computer programmers. Using this software, it only takes you minutes to create a family tree and detailing all the necessary basic information.
Lets not technology takes away the fun the family can have in treating it as a family activity where both the parent s and their kids could put their heads together to come up with a simple but meaning family tree during their Sundays afternoon or the kids school holidays.