Handover question

[dooby]

Hi,

I have court orders which state that I have care of my son from Thursday to Monday (every 2nd week) with pick up to be at his after school care centre from 3:20pm. There is no mention regarding drop off to school or before school care.

The orders also state that handover is to be between the mother and father only. The other party has instructed the after school care to call the Police if I send anyone but me to pick him up.

Would sending a trusted person (grandma) to drop him off at school be considered a breach of the order?
Would sending a trusted person (grandma) to collect him from after school care be considered a breach of the order?

Thanks

 

[CSFLW]

Without seeing the orders, it is difficult to say.

What maybe of interest is if the one of the orders injunct (prevent) another person facilitating changeover.

I would be surprised if this is the case, given that one parent may not be able to collect or drop off the child (for, example if they are unwell, car breaks down...).

Do you have a person registered with the school if this happens?

The police will be reluctant to get involved.

 

[dooby]

The orders state "Handover shall be conducted by the mother and father only, unless otherwise agreed by the parties in writing to accommodate emergencies only"

In any case the other party would not agree in writing to accommodate an emergency situation - If I was unwell, car break down then the other party would want to collect our son. In no situation would the other party allow anyone else to collect our son. I do have other parties registered with the school/after care but they have interpreted the orders to say mother and father only can do handover.

I think getting someone else to drop him to school would not be a breach and not sure what a judge would do anyway?
Picking him up is the issue as the after school care will not release him to anyone else but the mother or father.

He is 10