Custody of Children - Breach of Orders?

[Sammy]

My ex partner lives in QLD and I live in Melbourne. I have orders that state I can have access to my kids during school holidays. The orders state that the father is to pay for one of the kids flights back to QLD after they have visited me. I want to have the kids in Qld this year and he is refusing to allow me access unless I fly them to Vic. There is nothing in the orders that state I am required to have them in Vic. He is in no way put out or affected by me flying to Qld to have visitation of my kids. Will he be breaching the orders if he refuses to allow me access

 

[CathL]

Hi Sammy,
If you have parenting orders stating that you have access to your kids during school holidays, then your ex partner must comply with the orders and allow you access. If your ex partner doesn't provide you with access in accordance with the orders, then he'll be in breach of the orders.

You mentioned that the orders require the father to pay for one of the kids' flights back to Queensland after they've visited you but there's no requirement for you to have them in Victoria, so on that basis, you'd pay for your own flight up to Queensland and he wouldn't have to pay for one of the kids' flights as they're not taking one.

The Family Law Courts "Complying with orders about children" page has some good information that you might find useful.

Hope that helps. Let us know how you go.