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QLD Custody of Children - Ramifications for Breaching Order?

Discussion in 'Family Law Forum' started by Mary Hudson, 22 December 2014.

  1. Mary Hudson

    Mary Hudson Member

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    We have family court orders in place for custody of children, and the children live with me and the father has visitation. Recently I agreed for the children to go on holiday with their father. The problem is I was told and a Stat Dec signed with the passports also mentioning where the children were going.

    The children came back last week and told me that they ended up going somewhere different and that Dad wanted to surprise them and the kids asked if mum knows because she thinks we are somewhere else. The father said no and I am not going to tell her. The kids whilst they had a good trip were anxious too see me as they were upset that I didn't know where they were for 9 days. I sent email and SMS messages while they were away and got no response.

    What are the ramifications for this for his part and he basically took the children somewhere that I did not agree to. He lied. There is conflict at times and he still likes to bully and control things. Where do I stand under family law as the Primary Carer and not being given the correct information? The children are 10 and 14.

    Kind regards
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Mary,

    I know that if a parenting orders have been made that state that children are to live with one parent - then it is actually an offence to take the child out of Australia without a court order or the written consent of the primary caring parent. You can go to jail for 3 years.

    However I'm not sure how it would work in this case - where it was unauthorised to the extent you didn't authorise him to take them to where they went, but you did authorise overseas travel. I would seek personalised legal advice regarding your options.
     
  3. AllForHer

    AllForHer Well-Known Member

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    I know it doesn't feel right that a parent can take the kids somewhere without telling the other where, but outside of giving consent for him to take the kids abroad, there isn't a great deal you can do unless you have orders stating the exchange of an itinerary and/or other information before travel.
     
    Sophea likes this.

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