Custody Compliance Issue
The client is experiencing issues with their ex-partner not complying with a court order concerning child custody. The ex-partner has moved interstate, which has resulted in reduced visitation and reliance on family members for picking up and dropping off the children. The client is seeking clarification on their rights regarding the refusal to send the children under these circumstances. This situation involves aspects of Family Law and potential contempt of court.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat rights do I have to not send the kids if my ex is not following the court order regarding visitation?
If your ex is not following the court order regarding visitation, your primary rights revolve around ensuring the children's best interests. You cannot unilaterally decide to withhold visitation, as this could be seen as breaching the court order yourself. However, if your ex's actions are affecting the children's welfare or the logistics of the arrangements, you can seek legal advice to understand your options. You might consider applying to the court to have the order varied or seek a contravention application if you believe your ex is in serious breach. Be sure to document any relevant incidents and communication to support your case.
What steps can I take if my ex is in contempt of the court order by moving interstate and not adhering to the visitation schedule?
You can apply to the Family Court or the Federal Circuit and Family Court to enforce the existing parenting order. This involves filing an "Application in a Case" to seek compliance from your ex. You may request a Contravention Application, which addresses situations where one party fails to comply with court orders. The court can impose penalties if it finds a breach. Consider legal advice to ensure your application is correctly filed and your concerns are clearly articulated.
How does the involvement of family members in picking up and dropping off the kids affect the court order?
The involvement of family members in picking up and dropping off the children may not necessarily breach the court order, provided that the order allows for such arrangements. If the court order specifies the manner of visitation or exchange, any deviation might be considered non-compliance. However, if the order is silent on this issue, it may be deemed reasonable, especially if the family members are trusted and the children's welfare is not compromised.
Can the court order be modified if my ex refuses to comply with the terms and conditions?
Yes, a court order can be modified if your ex refuses to comply with its terms and conditions. You can apply to the Family Court or the Federal Circuit and Family Court for a variation of the existing order. The court will consider whether there has been a significant change in circumstances since the original order was made. In this situation, the relocation of your ex interstate and the impact on the visitation schedule may constitute such a change.
What are the potential consequences for my ex not adhering to the custody arrangement as outlined in the court order?
If your ex is not adhering to the custody arrangement outlined in the court order, potential consequences can include being found in contempt of court. This could result in penalties such as fines, an order to comply, or in severe cases, a change in custody arrangements. Non-compliance can negatively impact their credibility in future legal proceedings related to custody or visitation.
