Family Court Order Breach and Concerns About Child's Father

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Sarah Tattam

Member
22 July 2014
1
0
1
I have family court orders in place regarding my daughter but found out that the order is being breached and concerning statements my daughter has made in front of witnesses plus her father telling me in writing he doesn't sleep with her like he would like to.

I'm not sure what to do, can someone please help?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Nothing I say is legal advice, just my own interpretation.

I'm not quite sure you've provided enough information for me to be able to give an informed response, here, but from my understanding about your statements on what the child has said and what the father has said, your concerns are about breaches of an order, as opposed to concerns about the child's safety. Is this correct?

The other element I'm unclear on is what kind of 'court order'? Is it a domestic violence order? A parenting order? A consent order? I'm going to assume it's a parenting order for the purpose of my response.

There are some questions you should ask yourself for the purpose of perspective:

What kind of breach is it? Is the breach serious or would someone else possibly describe it as petty? Is it an endangerment to her safety? Has he withheld the child at a time she was supposed to be spending with you? Is it something that you could settle through mediation?

Additional considerations - how old is the child? Is she old enough to have merit to her statements, or is she just reproducing random bits of information that might be out of context?

Try not to take a 'court first, talk later' approach to these kinds of things. Courts are not big on parents who jump the gun instead of communicating first.
 
  • Like
Reactions: rebeccag