Father has just advised he cannot see child during Court ordered visitation weekend as he will be interstate for a weekend. This has been an ongoing situation which I have dealt with but the upcoming weekend I am working and cannot change my hours. Father has done this previously and I have made alternative arrangements. I have offered a babysitter (at his expense) or for father to take him, both offers have been refused with a statement 'i am entitled to travel'. Is there any legal obligation on father to ensure Court order is followed?
VIC Scheduled visitation which father wants to avoid
- Thread starter Worried and confused
- Start date
nope. Worse, while he has no obligation to comply with the orders YOU DO. So if he doesnt see the kid for 6 months then decides he wants the orders to be followed then you could find yourself in trouble if you don't comply and he applies to court for contravention
Thank you so much for taking the time to answer.
I find this so unfair to the parent who tries to co parent.
So, in your view, this isn't a contravention of the existing Orders? The OP had done this before and I've been able to accommodate but this time I'm really stuck with work and no back up. My solicitor has previously written to the OP and advised that I would accommodate when viable but ultimately it is the OP's responsibility to arrange alternative care.
I find this so unfair to the parent who tries to co parent.
So, in your view, this isn't a contravention of the existing Orders? The OP had done this before and I've been able to accommodate but this time I'm really stuck with work and no back up. My solicitor has previously written to the OP and advised that I would accommodate when viable but ultimately it is the OP's responsibility to arrange alternative care.
All parties to an order are bound by that order,ie, they have a legal obligation to abide by its terms
Your solicitor is 100% correct.
It’s reasonable that each parent should be able to rely on the terms of the order to arrange their work, holidays, travel etc… It’s also reasonable that the child/ren named in the order can rely on its terms to live with & visit each parent as set out in the order ... Unfortunately though there is absolutely nothing you can do without taking it to court … Yep, it SUCKS
Legally, either parent can have an application for contravention made against them. Obviously, the consequences for each are different, potentially much more severe for withholding a child then not seeing one.
In your case, if dad were to make a regular habit of this, & makes no attempt to arrange alternate care, & IF you had a lot of money that you had nothing better to do with, then you could take it to court …. Consequences for dad may be an order to attend a parenting program, with a bond & further consequences if he didn’t attend. Maybe a change to the orders that specifies that he MUST arrange alternative care if he is not able to meet his obligations.
To be clear though, if he ignored his obligations for 6 months, he wouldn’t be in any position to bring a contravention against you without his own neglect being scrutinized & dealt with.
You should keep a record of dates this occurs with copies of correspondence sent & received each time.
Again, thank you for your insight.
Yes, I've come to understand that I really have limited options and will probably be better off paying for a sitter myself.
I'm too tired to fight...six years and counting and $80K in costs so far.
My only reason for wanting to know is because the child is 6 years old and I'm looking at 12 more years of access being at the discretion of the OP.
Yes, I've come to understand that I really have limited options and will probably be better off paying for a sitter myself.
I'm too tired to fight...six years and counting and $80K in costs so far.
My only reason for wanting to know is because the child is 6 years old and I'm looking at 12 more years of access being at the discretion of the OP.
Thank you so much.
Think this would be taken into account though? He covers himself by writing 'i will make up time at a later date' but that date never happens. Not school holidays, not his scheduled holidays etc.
Think this would be taken into account though? He covers himself by writing 'i will make up time at a later date' but that date never happens. Not school holidays, not his scheduled holidays etc.
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