VIC Family Law - Termination of Orders by Judge?
- Thread starter Taritbe
- Start date
-
- Tags
- family law court police
No Court has ever, or indeed, would ever determine that such orders were in the best interests of the child on a final basis.
If the other parent withholds the child, the avenue of remedy is a contravention order application and a recovery order application, not a complete discharge or parenting orders and a absolute severance of the child's relationship with that parent...
If the other parent withholds the child, the avenue of remedy is a contravention order application and a recovery order application, not a complete discharge or parenting orders and a absolute severance of the child's relationship with that parent...
So hypothetically, you have the kid with you? You won't let the other parent see the kid without court orders for fear the kid won't be returned? U'm but that is what you're doing? Right?
So you want court orders to ensure the kid is returned? And now that you know that the cops won't intervene - what next? The other parent will never see the kid because the rules around this stuff won't make sure the kid is returned on the day as per the orders? But you're not letting the other parent see the kid? See the contradiction?
So you want court orders to ensure the kid is returned? And now that you know that the cops won't intervene - what next? The other parent will never see the kid because the rules around this stuff won't make sure the kid is returned on the day as per the orders? But you're not letting the other parent see the kid? See the contradiction?
In the circumstances where a recovery order is made to return children in accordance with court orders, it makes sense, and is quite often the case, that said orders will be revoked and new orders to be made in their place. This would occur either on an interim or final basis, depending on the facts of the case.
Sure, I see the contradiction, that one parent would withhold children (despite court orders) because of a concern that the other parent wouldn't return them. In any case, where a parent contravenes an order and a recovery order is necessary, it would stand to reason that the existing orders are not practical or effective and need a re-evaluation of the matter, whether or not that means continuing contact with the contravening parent or not.
Situations like these warrant a consultation with a lawyer to fully understand the circumstances of the case. Being a lawyer myself, I can only provide limited information as a response to your question, but I hope it helps none the less.
Sure, I see the contradiction, that one parent would withhold children (despite court orders) because of a concern that the other parent wouldn't return them. In any case, where a parent contravenes an order and a recovery order is necessary, it would stand to reason that the existing orders are not practical or effective and need a re-evaluation of the matter, whether or not that means continuing contact with the contravening parent or not.
Situations like these warrant a consultation with a lawyer to fully understand the circumstances of the case. Being a lawyer myself, I can only provide limited information as a response to your question, but I hope it helps none the less.
Similar threads
