Visitation Compliance Issue
The individual is facing issues with their former partner not adhering to family court orders regarding child visitation in Victoria. The existing court orders stipulate that the individual is entitled to visitation for three nights every two weeks on alternating weekends. However, the former partner is unilaterally altering the visitation schedule, leading to missed visitation opportunities. The individual seeks assistance in addressing this non-compliance with the court orders related to child custody arrangements.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat legal steps can I take if my ex continues to deny me my court-ordered visitation rights?
If visitation rights are consistently denied, an application can be made to the Family Court in Victoria for a contravention application. This requires demonstrating that there has been a breach of the orders without a reasonable excuse, and collecting evidence of denied visits. The Court may order make-up time with the child, enforce compliance, or even modify the existing orders as necessary. Legal advice is recommended to ensure the application addresses all relevant points.
How does the Family Court in Victoria enforce child visitation orders?
The Family Court can enforce visitation orders through various means. If a parent is non-compliant, the other parent can apply for enforcement. The court may require participation in post-separation parenting programs, counseling, or adherence to a bond. If ineffective, the court has the authority to impose fines, order make-up time, or alter custody arrangements, always with the child's best interests in focus.
What documentation should I keep to support my case if I need to return to court?
To support your case, maintain detailed records of all missed visitations, including dates and any communications with the former partner regarding these incidents. Document any attempts to arrange make-up visits and keep evidence of communications explaining missed visitations. A log of witnesses who can verify occurrences may also be beneficial, along with a copy of the current court order outlining the visitation schedule.
Can the visitation schedule be modified if my ex consistently fails to comply with it?
Yes, the visitation schedule can be modified if consistent non-compliance is shown. An application can be made to the Family Court in Victoria to vary the orders by demonstrating a significant change in circumstances since the orders were made, with the child's best interests as the paramount consideration.
What are the potential legal consequences for my ex if they continue to violate the visitation order?
Continued violation of the visitation order could lead to being held in contempt of court, resulting in penalties like fines or community service. In severe cases, the court may change custody arrangements, potentially increasing the other parent's time with the child or altering the existing visitation arrangements.
