Parental Responsibility Dispute
The situation involves a parenting order in place with the children's father, who has not adhered to this order for over a year. Instead, he has created a schedule that aligns with his work commitments, which causes the children to express distress when required to follow it. Additionally, there have been concerns raised as the father was charged with a driving offense while on his way to pick the children up. This matter is currently unfolding in New South Wales, Australia.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat grounds do I have for future efforts in stopping him from taking them?
You may have grounds to prevent the children's father from taking them based on safety and welfare concerns, which are prioritized in family law. His history of a driving offense and disregard for the parenting order can support the argument that these actions pose a risk to the children. You could seek an urgent change to the parenting order or request an interim order to suspend his access until a thorough assessment is conducted.
How can I modify the existing parenting order given the circumstances?
To modify the parenting order, you'll need to apply to the appropriate Family Court, demonstrating significant changes in circumstances. The father's new schedule and the children’s distress could be argued as being contrary to their best interests. Presenting evidence of the children's distress and the father’s disregard for the current parenting order will be important. Prior family dispute resolution may be required unless urgent circumstances exist.
What evidence do I need to present to the court regarding his driving offense?
You will need to obtain official records of the driving offense, such as a police report or court documents. If a conviction resulted, include that documentation as well. Gathering testimonies from witnesses can further corroborate the situation, alongside any evidence displaying changes in the children's behavior that occurred in correlation with this incident.
Can I request a court order for supervised visitations due to his behavior?
You can request a court order for supervised visitations if there are safety concerns. The best interests of the children are top priority for the court. Given his breach of the order and the driving offense, you can argue that supervised visitations are necessary for the children’s protection.
What are the potential consequences for him not following the parenting order?
Consequences for violating a parenting order can be serious. The court may impose penalties that range from financial compensation for breaches to mandatory attendance in parenting programs, altering the existing order, or even heavier penalties like fines or imprisonment in severe cases of non-compliance. Consistent violations could adversely affect future parenting arrangements.
