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WA Breach Parenting Order for Reasonable Excuse?

Discussion in 'Family Law Forum' started by Leigh turner, 8 August 2014.

  1. Leigh turner

    Leigh turner Member

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    Do I have the right to breach a parenting order if I believe my children are in danger and what family law penalties do I face? I believe I have a reasonable excuse for taking this action.
     
  2. AllForHer

    AllForHer Well-Known Member

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    What kind of orders are they? Consent or parenting orders?

    In short, yes, you can breach a parenting order, but there may be repercussions for doing so. The other parent may file for contravention and you will be brought to court. If the judge decides that your decision to breach the order was an unreasonable action, then you may be issued a penalty or, in more serious cases, have the child's time with you reduced.

    I always suggest attempting to sort issues out via mediation with the other party before jumping to conclusions and breaching orders. Of you can give me an idea of what kind of orders they are, or a little more information about the situation, I might be able to provide more guidance.
     
  3. Leigh turner

    Leigh turner Member

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    Its to my knowledge a family court order. And my wx partner has breached it by not supplying me with their drug and alcohol test results and has also not done one test. I am about to file an application for contravention form. But I am thinking of not getting the kids back into her care until we've been to mediation or dispute resolution which would cause me to breach but am concerned for children's welfare while in her care. I have already asked to be heard in front of magistrate by filing response form and case information affidavit. I have cooperated with my ex in the past but I was assaulted and had to get a vro in place to protect myself.
     
  4. Leigh turner

    Leigh turner Member

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    I have been told by the case information officer that the magistrate won't see the case until October. I requested the be heard urgently because of concerns from the children's consellor
     
  5. AllForHer

    AllForHer Well-Known Member

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    Thanks for the additional information.

    My initial response is to file a contravention order, but don't withhold the kids. I say this because you don't have hard proof that the kids are in danger, just a suspicion, and the court may not look favourably on withholding the kids based on suspicion when orders have previously been made with the mother's drug behaviours already considered.

    I understand as a parent it's frustrating to feel like you have to expose your kids to an unsavoury environment, but the court has already deemed it to be in their best interests to have a meaningful relationship with their mother, which means you are obliged to do all things necessary to ensure this relationship is facilitated.

    Stay positive. I hope this helps.
     
  6. Leigh turner

    Leigh turner Member

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    thank you and yes I will
     

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