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QLD Defining "At Liberty to" Communicate with Child?

Discussion in 'Family Law Forum' started by Confused Mum, 27 November 2014.

  1. Confused Mum

    Confused Mum Member

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    We have consent orders that word 'both parties are at liberty to communicate with the child by telephone each alternate day when the child is not in their care'. Our son is 6 and has been in a shared arrangement since he was 1 1/2yrs ( custody of children). Our question is, if on the alternate day we are not available (for the other party to make contact), or wish to spend a weeks holiday uninterrupted by the other party unless an emergency, what are our obligations under family law to be 'on-call' every other day ?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Neither party is forced to uphold their duties to see or speak to the child, but orders give them that capacity to do so and the power to pursue remedy if the other interferes with that capacity and fails to enable them to enjoy their end if the bargain.

    Summarily, being at liberty to call means they are free to do so at the specified time, and it is your or the other parent'a duty to ensure they facilitate that phone call. They don't have to call, but they are able to if they so choose, and it's your (or his) duty to facilitate that contact.
     
  3. AllForHer

    AllForHer Well-Known Member

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    I would also strongly advise against withholding phone contact on holiday time. Kids suffer greatly when they have no contact with the other parent even for just a few days because at that age, they simply don't have the cognitive ability to hold on to detailed memories for longer than a few days. I also wouldn't consider the child having a relationship with the other parent an "interruption". Even on holidays, s/he still needs his dad/mum.
     
    Victoria S likes this.
  4. AllForHer

    AllForHer Well-Known Member

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    Oh, and lastly, it's up to you and the other party how you execute orders, so if one party unilaterally acts and the other doesn't agree, they have a right to pursue a contravention order. It's best to either stick to the orders, or agree on flexible arrangements about things, including contact/non-contact.
     

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