Missed Custody Exchange
The client has a court order regarding the custody of their children, specifying the times each parent is to have the children. During the client's designated week, their ex-partner failed to bring their daughter to the agreed pick-up location while their son was successfully transferred. The client seeks guidance on what steps to take following this breach of the court order. This situation falls under Family Law and involves potential court order violation concerning child custody.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my legal rights if my ex-partner does not comply with the court order for child custody and does not bring my daughter as scheduled?
If your ex-partner does not comply with the child custody court order, you have the right to seek enforcement of the order through legal channels. You can contact a lawyer or a community legal centre to discuss your options. If the matter is urgent, you may apply for an urgent hearing in the Family Court to address the non-compliance. You can also request that law enforcement assist in enforcing the court order, depending on specific circumstances and any risk to the child's safety.
Can I file a contravention application in the Family Court for breaching the parenting order, and what is the process?
Yes, you can file a contravention application in the Family Court if your ex-partner has breached a parenting order. The process involves completing and filing the Contravention Application Form and an affidavit detailing the breach. You must demonstrate that your ex-partner deliberately failed to comply with the order without a reasonable excuse.
What evidence do I need to gather to support my claim that my ex-partner did not bring my daughter as required by the court order?
To support your claim that your ex-partner did not bring your daughter as required by the court order, gather the following evidence: a copy of the court order, communication records regarding arrangements, witness statements if applicable, a log of dates and times of non-compliance, and police reports if relevant.
What potential consequences could my ex-partner face for not complying with the court order regarding child custody?
If your ex-partner has not complied with a court-ordered parenting arrangement, they could face several consequences, including being found in contravention of the parenting order, leading to penalties such as warnings, compensatory time with the child, or in severe cases, fines or imprisonment.
Are there any interim measures I can take to ensure that my daughter is returned to me as per the court order?
To ensure your daughter's return as per the court order, you can request a recovery order from the Family Court, which authorizes law enforcement to locate and return your daughter. Additionally, reporting the situation to local law enforcement may be an option.
