parenting orders breeched and son placed in care of someone not on the parenting orders

[Katie Gillian]

My brother had custody of my son and they lived in Queensland. In December last year my brother spilt up with his partner and he moved out with my son. I've been informed that he has now handed him back to his ex who he was not married to, they do have two children. His ex is not on the parenting orders. Only myself, my mother and my brother are on the orders. Is it legal for her to have him in her care when she isn't on any parenting orders??

 

[sammy01]

ok so this is tricky... Why is the child living with your brother and -not you? or your mum? I'm guessing there are some welfare issues??? only guessing?

So going back to court and saying child should now be with you - but if those welfare issues are still there then the child should not be with you..

Look if he is the primary carer and the child is living with brother's ex and spending time with brother, that seems pretty reasonable. The court orders would not have predicted such a set of circumstances, so all brother is doing is exercising his right as the primary carer of the child to sort suitable accomodation. Not perfect but not unlawful