1 Comments Family & de facto law, financial agreements, consent orders
Simply, without going into facts of the particular case, it is considered child abuse withholding a child from one parent. However, more complicated than that is why it was done. This is an important consideration when determining the outcome of breaching the current orders. If the other parent breached the orders because you were doing/saying things that would affect the mental wellbeing of the child or there is a genuine fear for the child's safety, either physically or mentally, then that will be used to determine breach of orders. If there is not a legal reason for the other person to withhold the child from the other parent, they will be charged with breach of orders and that can have a jail sentence attached. The sentence is up to the judge's discretion within the guidelines. In order for any of this to be dealt with, you will have to submit a document, available on the Federal Court website for breach of orders. You will need to get some legal advice from your lawyer, so that you can determine what needs to be put into the application, act on your behalf or list the guidelines for you to follow. It is advisable to document all interaction with the other parent, every time you interact or try to interact. This is important for the court to see.