My former partner and I have Consent Parenting Orders. There is a young child involved. The relevant part of the orders are that during school holidays, each parent has the child in alternating weeks. During school term, I have the child for 4 nights every 2nd week. This access time, and stated within the order, takes into account my absences when I am working off shore.
By injunction, neither parent is permitted to take the child out of the state during school term without written consent of the other parent.
The other parent has taken the child from school weeks prior to school term ending and has moved permanently interstate in contravention of the orders.. The other parent was refusing my fortnightly access and phone calls to the child.
NT CRIMINAL CODE
202 Abduction of child under 16 years
(1) Any person who takes a child who is under the age of 16 years out of the custody or protection of that child's mother or father or other person having the lawful care or charge of the child and against the will of such father or mother or other person is guilty of an offence and is liable to imprisonment for 3 years.
(2) If the offender is an adult or if the child is under the age of 14 years, he is liable to imprisonment for 7 years.
I contacted police to make a complaint of child abduction under the Criminal Code, however, they refused saying, "take it to the family court". I complained to the ombudsman of police inaction, and they unfortunately agreed with police saying it is not a police matter.
After advising (by text) of the consequences of this serious breach and that I would be filing documents for the breach.... the other parent jumped on a plane with the child, dropped the child off at my door step and then apparently returned interstate.
Pursuant to the order, the other parent is to have the child from today however, whereabouts are unknown and does not answer the phone..
Under the order, while the child is in my care, I am permitted to travel interstate during school holidays with the child, if I give 14 days written notice. With no known address, I can not provide that written information.
The last message I had from the other parent was "you can keep him. I am going on holiday". I have no idea where the other parent is now, be it in Australia or back to that parents home country, or if and when the other parent will return..
The child is distressed as to where the other parent is, going so far as saying...".....doesn't want me anymore.."
I periodically work offshore and must travel off shore at end of January. I am at a complete loss as to what to do. Help....
By injunction, neither parent is permitted to take the child out of the state during school term without written consent of the other parent.
The other parent has taken the child from school weeks prior to school term ending and has moved permanently interstate in contravention of the orders.. The other parent was refusing my fortnightly access and phone calls to the child.
NT CRIMINAL CODE
202 Abduction of child under 16 years
(1) Any person who takes a child who is under the age of 16 years out of the custody or protection of that child's mother or father or other person having the lawful care or charge of the child and against the will of such father or mother or other person is guilty of an offence and is liable to imprisonment for 3 years.
(2) If the offender is an adult or if the child is under the age of 14 years, he is liable to imprisonment for 7 years.
I contacted police to make a complaint of child abduction under the Criminal Code, however, they refused saying, "take it to the family court". I complained to the ombudsman of police inaction, and they unfortunately agreed with police saying it is not a police matter.
After advising (by text) of the consequences of this serious breach and that I would be filing documents for the breach.... the other parent jumped on a plane with the child, dropped the child off at my door step and then apparently returned interstate.
Pursuant to the order, the other parent is to have the child from today however, whereabouts are unknown and does not answer the phone..
Under the order, while the child is in my care, I am permitted to travel interstate during school holidays with the child, if I give 14 days written notice. With no known address, I can not provide that written information.
The last message I had from the other parent was "you can keep him. I am going on holiday". I have no idea where the other parent is now, be it in Australia or back to that parents home country, or if and when the other parent will return..
The child is distressed as to where the other parent is, going so far as saying...".....doesn't want me anymore.."
I periodically work offshore and must travel off shore at end of January. I am at a complete loss as to what to do. Help....