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QLD Partner in Breach of Family Court Orders?

Discussion in 'Family Law Forum' started by Confused87, 22 March 2016.

  1. Confused87

    Confused87 Member

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    Hi,

    It states in my family court order that my daughter is to visit her father every first Saturday to the following Monday of school holidays (so just over half of regular 2 week holidays), except for Christmas where it is the first, or last 4 weeks depending on who she has Christmas with that year as it alternates year to year.

    It also states we are to have alternating Easter with her which lands in a 2 week holiday. This year it's my turn for Easter with her which falls on the first weekend so I thought I would have her for the first week and her dad the following Saturday to Monday or Friday to Sunday if Monday is a school day. But her dad has booked her flight for the Tuesday straight after Easter for the 9 days to start then, and I have said no.

    I have her for the first part this year as its alternating and we are visiting my mother who has cancer, but he's said because the family court orders doesn't state it must be the following Saturday in the circumstances where I have her for Easter and it's over the first weekend, I must put her on that flight or he will contact the police to get her taken from me - recovery orders.

    Is he able to do this if I don't put her on that flight, or am I correct and within my rights that it should be the following Saturday as it's alternating Easter and Christmas.

    I have tried everything possible to negotiate, however, he's not interested and has just said she better be on that flight.

    I can provide a picture of the custody order if needed.

    Thank you
     
  2. AllForHer

    AllForHer Well-Known Member

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    In my view, if the court orders state that the child is to spend the first half of Term 1, 2 and 3 holidays with dad, then she spends the first half of term 1, 2 and 3 holidays with dad. If she spends Easter with you, then at the end of the specified Easter period, she returns to whichever parent she is meant to be with on that date. The Easter weekend falls at the beginning of the Term 1 holidays this year, so I'm inclined to believe that she will go into dad's care once her time with you at Easter is over, since he has her for the first half of the holidays.

    That's not legal advice, just my interpretation, without seeing the orders themselves.

    However, forget the orders for a second and ask yourself what is best for your child - a holiday with dad and then time with her grandmother when she gets back? Or nine days with her sick grandmother and no holiday?
     
  3. sammy01

    sammy01 Well-Known Member

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    Yup, tend to agree with the other poster.

    Just checking - the kid lives with you almost all of the time, so you get heaps more time with the kid than the dad? Just checking - the dad has to pay for the flights? And based on what you've written, I reckon the dad should have the kid.

    Now again, just checking. You'll get to have the kid for easter Sunday? And, in fact, he has organised for you to have both easter Sunday and easter Monday. I reckon he has done the right thing.

    Now I understand your mum is sick. But did you communicate to him that you'd made travel plans around easter as a result of her illness?

    My thoughts - let the kid go see the dad. Then take the kid to grandma and nope, he won't get to court to get recovery orders that quickly or get the cops to help him. But I think his interpretation of the orders is correct. So since you've said you've done 'everything to compromise', can you tell me this - have you offered to compensate him for the lost money from the flight if you don't put the kid on the plane? Have you offered to pay for an alternate flight?

    Now, I'm wondering if this bloke hasn't organised time off work and given the required 4 weeks notice to his employer. He doesn't want to spend his holiday time sitting in front of the tv. He wants to spend it with his kid.
     
  4. Confused87

    Confused87 Member

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    Well this is where I am at ends. She won't get to see her grandmother after this by the looks. I have tried everything to compromise, everything right down to offering to pay for the flight home a bit earlier so I can take her then. And, no, he doesn't pay for everything. I pay one way he pays the other. I pay for everything else.

    My daughter has said she doesn't want to go and the only way I can get her to (despite how I am sure a lot of single parents are or our issues, I know it is healthy for her to visit him, so I encourage this) is if she goes for less time so she still gets to see her grandmother. But he won't budge, he says she must stay the whole 9 days knowing full well that this would mean not seeing her grandma.

    Yes, I communicated my intentions and no, he hasn't taken time off for her. He never does take time off, specifically for her when she visits including Christmas holidays. He has, however, taken Easter off as they have other family visiting.

    I do feel your points are biased towards favouring the father and that's fine, but as I said to him it's not like my mother got cancer to inconvenience him. This is unexpected and they live far away so the opportunity to visit may not be there again. I am trying to find out if he still won't compromise at all or budge, would he really be able to call a recovery order against me?

    Thank you for your input, I appreciate it.



     
  5. sammy01

    sammy01 Well-Known Member

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    Look, I do hope your mum isn't going to pass away in the next few weeks and if she is, then go there now. If not, then take yourself and your kid to see grandma the week after she spends the week with her dad. Wow, how easy was that problem to solve?
     
  6. AllForHer

    AllForHer Well-Known Member

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    I wouldn't say we are biased toward the father. I would say the father is doing what's in the orders, and I would say you're looking to contravene them.

    Recovery order? Probably not because of the time frame.

    Contravention orders, though? I would say yes.
     
  7. Hope this helps

    Hope this helps Well-Known Member

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    Family Court Orders come under Fedral Laws. Therefore police can not do anything in the recovery of a child. Only Fedral Police under the instructions of the magistrate can recover a child from the other parent which requires the Aggrevied parent to take out a contravention application against the other parent for breaking Court Orders.
     

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