QLD Police or Officer of the Court Sent to Collect Child?

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WilmaFiinstone

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22 May 2019
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Hello

I have a parenting order in place that states that the father of the child will collect the child the first weekend in June.

In a separate section, it states that facilitating the handover will happen on a Friday at the mothers home.

This year Friday is on 31 May. Saturday is 1 June.

I think it is ambiguous and both our views could be correct in this instance.

Father claims that the will send an officer of the court or police to my house to collect the child on 31 May if I disagree.

I see that the facilitation and weekend should all fall in the same calendar month not 2 months crossing over.

Which is correct and can he send the police?
 

Atticus

Well-Known Member
6 February 2019
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Others may want to comment on the dates but I can assure you that neither state or federal police will act on this even if he complained.
 
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WilmaFiinstone

Well-Known Member
22 May 2019
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Others may want to comment on the dates but I can assure you that neither state or federal police will act on this even if he complained.
Thank you for your comment, I certainly do not want our daughter to be frightened by the presence of any type of officer. Do you know about a court officer?
 

Jake Matherson

Well-Known Member
15 June 2018
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Why cause conflict when there doesn't need to be any?

Reverse the situation.
Mum is to have the kids first weekend of June.
Would you be waiting until Friday the 7th to pick them up? l didn't think so.

The police wont come knocking on your door if you don't hand them over but you have the opportunity to be the bigger person and avoid unnecessary conflict. I'd go with that option.
 

WilmaFiinstone

Well-Known Member
22 May 2019
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Why cause conflict when there doesn't need to be any?

Reverse the situation.
Mum is to have the kids first weekend of June.
Would you be waiting until Friday the 7th to pick them up? l didn't think so.

The police wont come knocking on your door if you don't hand them over but you have the opportunity to be the bigger person and avoid unnecessary conflict. I'd go with that option.


Hi Jake, under any other circumstance I would be happy to do that because he is travelling interstate. However, I have also booked travel arrangements for the weekend of the 7th under the notion he was coming on the 7th. We both assumed the other would read it the same way. We haven't and we are both in the same position.
 

WilmaFiinstone

Well-Known Member
22 May 2019
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Hi Jake

I would consider that as he is travelling interstate, however I have also booked and paid for interstate travel on the 7th on the notion he would be arriving then. I suggested that he pick her up on the saturday 1st because I have already committed to plans for her and I on the Friday night so rather than be difficult I offered that option. He still says no.
 

Jake Matherson

Well-Known Member
15 June 2018
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Whoops! Communication error I see.

So you're okay for her to go on Saturday the 1st after doing whatever it is you have planned for you both on Friday 29th.

My question would be is whatever you have planned on the 29th that important? Can it be re-scheduled for another date. I'm assuming your daughter lives with you and therefore whatever it is could be done another time.

Without reading your specific orders and just going off what you have said above.
I would have read them the same way as the Father the fist weekend being 1st and 2nd June.
(I wonder what happens if 1st and 2nd landed on a Sunday/Monday i.e the weekend being Saturday and Sunday is the split not the Friday Saturday like in your case. This is probably where some extra communication takes place if the orders are not clear enough)

If you have ongoing proceedings and you withhold the child you would expect that that will come up somewhere in his future paperwork given that he appears quite angry already. Or this instance be piled together with any past/future order contraventions to attack you that way.

I'm not a lawyer. Just a punter on this page giving you my 2 cents.
 

sammy01

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27 September 2015
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Dad will be disappointed if he thinks he can call some police type agency and have them come to your house to collect the kid. Ain't gonna happen, no such agency exists. So the kid isn't gonna get ripped away by some person in a uniform... Relax. But - it is your mistake...

The orders state 'the first weekend in June" Friday is not the weekend... Saturday is the weekend. So the first weekend in June is Saturday 1st June. You stuffed up... If he has booked travel to come interstate this Friday, I think you need to suck it up as your mistake and realise that next year you make a calendar well ahead of booking anything and confirm it with the ex confirm. Look, you seem reasonable. You seem to understand that both interpretations are plausible... But if dad has booked stuff for the purpose of seeing the kid this weekend then you need to suck it up and learn from the mistake...

Please realise that I know you're not gonna like the advice, but I do think it is correct. Lesson? confirm visits well ahead of time.
 

WilmaFiinstone

Well-Known Member
22 May 2019
15
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Whoops! Communication error I see.

So you're okay for her to go on Saturday the 1st after doing whatever it is you have planned for you both on Friday 29th.

My question would be is whatever you have planned on the 29th that important? Can it be re-scheduled for another date. I'm assuming your daughter lives with you and therefore whatever it is could be done another time.

Without reading your specific orders and just going off what you have said above.
I would have read them the same way as the Father the fist weekend being 1st and 2nd June.
(I wonder what happens if 1st and 2nd landed on a Sunday/Monday i.e the weekend being Saturday and Sunday is the split not the Friday Saturday like in your case. This is probably where some extra communication takes place if the orders are not clear enough)

If you have ongoing proceedings and you withhold the child you would expect that that will come up somewhere in his future paperwork given that he appears quite angry already. Or this instance be piled together with any past/future order contraventions to attack you that way.

I'm not a lawyer. Just a punter on this page giving you my 2 cents.

Hi Jake

Plans for the Friday were that an out of town friend of my daughters was visiting and sleeping over. Both girls will be very sad not to see each other. The other child can not sleep at the fathers as the parents and child do not know him. He knows this and has said he doesnt care what the arrangements are. I would have thought he would care knowing it is going to upset our daughter.

What you say about the Sunday 1st scenario is true. There are no other proceeding this is the first time in 2 years that there has been a debate over any dates.

My biggest concern was that he said he would get police and officers of the court to show up. That doesn't scare me but it would her. I see the facts that the Friday clause and the Weekend clause go had in hand. It is just a shame that he is so ruthless and worse off he doesn't care that she is going to be disappointed.

Thank you for your input.
 

Atticus

Well-Known Member
6 February 2019
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For what it's worth my interpretation of orders is in line with Sammy01...

A Weekend begins on a Saturday. The first weekend in June is a Saturday... Orders also state that the father is to pick up the child on the Friday at the mothers home... Not much ambiguity there actually... i expect out of frustration he has lashed out with the threat of police... That won't happen, BUT, he is in the right to expect the child to be available for him on the Friday before the 1st as set out in orders
 
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