International Custody Dispute
The individual is facing challenges with their ex-partner in another country, who is not complying with court-ordered communication arrangements regarding their 8-year-old daughter. The orders stipulate regular video calls each week, but there have been numerous breaches due to various excuses cited by the ex-partner, impacting the child's routine and the relationship with the parent. There is documentation available to support claims of non-compliance, and shared custody is in effect with the other parent being primary. An order for the child to visit the parent's country has also not been fulfilled since the separation.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to enforce the family consent orders given the international nature of this situation?
You can enforce the consent orders by applying for a contravention order in the relevant Family Court, demonstrating the breaches by your ex-partner. Given the international component, engaging a lawyer in the ex-partner's country may be necessary. The court can impose penalties or amend the orders to ensure compliance. It's vital to document all breaches thoroughly and consider mediation services to resolve the issues amicably.
How does the jurisdictional difference between my country and my ex-partner's affect the enforcement of my custody rights?
The jurisdictional differences complicate enforcement due to differing legal systems. While treaties such as the Hague Convention can assist in international custody matters, they may not apply to communication orders. Separate legal actions might be needed in both jurisdictions to enforce the foreign order, which can vary significantly from one system to another.
What evidence should I gather to demonstrate that the consent orders are not being followed?
To show that the consent orders are not being adhered to, gather evidence such as:
- Records of each missed video call, including dates and reasons given.
- Copies of communications attempting to arrange these calls.
- Witness statements supporting your claims.
- Documentation of efforts made to resolve the issue.
- Evidence showing the impact on your relationship with your daughter.
Is it possible to modify the existing court order to better accommodate the current communication challenges?
Yes, you can apply to the Family Court for a modification of the existing court order. If circumstances have changed, or it is in the best interests of your daughter, provide evidence related to communication challenges, including those stemming from autism and ADHD.
