LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

Custody of Children - Get Police to Assist?

Discussion in 'Family Law Forum' started by amanda76, 16 April 2015.

  1. amanda76

    amanda76 New Member

    Joined:
    9 April 2015
    Messages:
    1
    Likes Received:
    0
    I am writing to find out some info for a friend: his ex is denying him access to his children ( custody of children). Every time he arranges time to spend with his kids, she replies the day before stating he can't have them.

    I would just like to know: does he get the police and go to her house as she will not let the kids have any contact and this is over the phone?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Unfortunately, state police are powerless to act in family law matters as it's a federal issue, not a state issue. I wouldn't advise doing so, either, as the court doesn't look highly on parents who expose kids to unnecessary police involvements because it can frighten and confuse them.

    However, what he can do is follow the proper avenues to secure parenting orders that will give legal enforceability to what times he spends with his kids.

    If orders have not already been acquired, the first step is a family dispute resolution conference between your friend and his former spouse. This can be organised through Legal Aid, Relationships Australia and the like, and is a forum for trying to reach agreement about care arrangements without court intervention.

    If agreement can't be reached, your friend will receive a s60i certificate which is a mandatory component of an initiating application for parenting orders through the court.

    I hope this helps.
     

Share This Page

Loading...