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Family Court Order Breaches - Visitation Rights?

Discussion in 'Family Law Forum' started by Anita smith, 22 May 2014.

  1. Anita smith

    Anita smith Member

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    Hi there, I would like some advice, currently myself and my ex partner have family court orders in place which state when our son can spend time with his father. After a meet with his father last night, he advised me he would like to spend more time with our son. I wanted to know, with the court orders in place, if I was to allow my son's father to spend more time with our son, and I was present at the visit, does this mean I'm breaching court orders?

    Any help would be greatly appreciated :)
     
  2. Jennifer J

    Jennifer J Active Member

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    Hello Anita,

    If it is for the best interest of your child, you can allow your son spend more time with the father. You do not have to stick to every word of the court order unless the father behaves inappropriately.
     
  3. Anita smith

    Anita smith Member

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    Thanks for the response, I was considering maybe going for a picnic or taking my son to have lunch with his dad, but I want to be there at these times. I don't want my sons dad to turn around when we go back to court and try to say I have breached the orders which is something he may do if he doesn't get the outcome he wants. I just want what's best for my son without getting into trouble for it.
     
  4. CathL

    CathL Well-Known Member

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    Hi Anita,
    I disagree with JenniferJ's post. You said you have court orders in place - Consent Orders that you both agreed to or Parenting Orders that the Court mandated? (Either way, the court order would specify the time your son is to spend with each parent.)

    When a parenting order is made, each person affected by the order must comply with it. See this Family Law Courts page 'Complying with orders about children'. You need to be very careful and not do anything that doesn't comply with the Orders.

    See this Family Law Courts 'Applying to change an existing order' page that sets out your options. So:
    • If you have a Parenting Order - You can apply to a court to change an existing order by following the same process as if you were applying for the first time.
    • If you have Consent Orders - You can sign draft consent orders, which the Family Court can make into orders, without the need for you both to appear in court.

    Hope that info helps. CathL
     
  5. Anita smith

    Anita smith Member

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    Hi CathL :)

    Thank you for your response, this has helped me a lot. :)
     

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