Do i have to send my kids to be homeless and uncared for?

My ex and I have a family court order relating to our children (9, 7, 4, 1) made in the Federal Magistrates Court.
They live with me and i have sole parental responsibility for them.
It is ordered for them to see him every 2nd weekend.

He is constantly late returning the children (minimum half hour) at the end of the weekend (breaching the court order).
We also use a Contact centre for the handovers on the weekends and he constantly breaches the conditions at the centre.

My biggest concerns are that he has no home to take the children to over the weekends, when we went to court he claimed to be living with his parents but they have since told me that he doesnt and he does not take the children there on the weekends.

They spend the weekends sleeping at the home of whoever will let them and are mostly left there alone, the people he leaves them with are complete strangers (just people he meets in internet chat rooms).

They barely see him over the weekend, he generally picks them up then drops them off where ever they are sleeping that night sometimes not picking them up in the morning and leaving them there for the entire weekend.

They are not properly cared for by whoever he leaves them with. They come home every weekend hungry because they have not been fed all day, very sick (coughing, running noses, vomiting, fevers), sunburnt & baby always has a BAD nappy rash.

What can i do?

We have a court order that states they must spend this time with their father so to not breach the order i have to send them, but any parent with a choice would not send their child to be homeless, left with strangers & not cared for.

I am applying to the courts to have access changed but this is going to take a long time and that means a long time that my children are being put in this situation.

I feel that as a mother it is my job to care for and protect my children, yet i am forced to send them to this.

Am i within my rights to not send them for these reasons?

[Gbyte]

No...I think you have to send them (at least in the US). Document EVERYTHING. Talk to an attorney.

We are in Australia not in US

Does anyone know the rules for here?

This is the info i have found on the family court web site about breaching the order.

A court can only penalise someone for failing to comply with a parenting order, which has not been altered by a parenting plan, if another person files an application alleging the person did not comply with the order. After considering all the facts of the case and applying the law, a court may decide:
1. the alleged contravention was not established
2. the contravention was established but there was a reasonable excuse
3. there was a less serious contravention without reasonable excuse, or
4. there was a more serious contravention without reasonable excuse.
If a court finds that you have failed to comply with a parenting order without reasonable excuse, it may impose a penalty.

Would my reasons be a reasonable excuse?

I would think that considering the courts are supposed to look out for the best interests of the children that me not sending them on the grounds that they are not properly cared for and are left with strangers would be seen as a reasonable excuse. Im just not sure.

Originally Posted by Unregistered This is the info i have found on the family court web site about breaching the order. A court can only penalise someone for failing to comply with a parenting order, which has not been altered by a parenting plan, if another person files an application alleging the person did not comply with the order. After considering all the facts of the case and applying the law, a court may decide: 1. the alleged contravention was not established 2. the contravention was established but there was a reasonable excuse 3. there was a less serious contravention without reasonable excuse, or 4. there was a more serious contravention without reasonable excuse. If a court finds that you have failed to comply with a parenting order without reasonable excuse, it may impose a penalty. Would my reasons be a reasonable excuse? I would think that considering the courts are supposed to look out for the best interests of the children that me not sending them on the grounds that they are not properly cared for and are left with strangers would be seen as a reasonable excuse. Im just not sure.

document nd seek legal help you may petition the court for contempt and his visitation could end and be given supervised.

[tbyte]

You need to file an order with the court requesting a temporary suspension of overnight visitation rights based upon the fact that the father has no residence.

[Gbyte]

Originally Posted by tbyte You need to file an order with the court requesting a temporary suspension of overnight visitation rights based upon the fact that the father has no residence.

Um...probably just like my ex - he will continue to claim his residence is his parents.

[Paladara]

i think that she get get a court order suspending overnights and reduce to supervised doesnt matter where you live

I am in the process of applying to the courts for the access to be changed but as i said before this will take a long time.

Would this be seen in the courts eyes as a reasonable excuse for breaching the order?


If i breach the order and it is not a reasonable excusethey can hand custody to him, which is the last thing i want.

[Paladara]

Originally Posted by Unregistered I am in the process of applying to the courts for the access to be changed but as i said before this will take a long time. Would this be seen in the courts eyes as a reasonable excuse for breaching the order? If i breach the order and it is not a reasonable excuse they can hand custody to him, which is the last thing i want.

no i don't see them handing him custody but until you give him the motion and you go to court you must abide by the order, then in court you may show your documentaion and either the judge will end overnights and keep him on unsuper days or super