Breech of Parenting Orders?

[immy]

Hi I currently have parenting orders in place. My child's husband is supposed to come and visit twice per week but he doesn't. Is he therefore in breech of the parenting orders? Or can he just do this?
My concerns are he is just going to come in and out of her life when it pleases him and it's not good for her. Please let me know I definitely need some advice. He can't be reasoned with he is not mentally stable.

[scorpio83]

Sounds like he is breeching them.....talk to your lawyer and advise them everytime he fails to turn up. Then it's officially on the record should you go back to court.

[punkbaby]

Yep as scorpio said his not keeping to his end of the deal so to speak....write down times you contact him, he contacts you, days missed etc but buy yourself a cheap diary to put it all in and as scorpio said each time he does something jot it down and contact your solicitor :)

[cosmic fool]

yep as pp have said keep a diary. perhaps go and make a new order where if he doesnt turn up within a certain amount of time you can assume he isnt coming. or even maybe cut it down to once a week until he can get his act together! my lawyer told me that if DSs dad isnt her within 10minutes (well she actually said 5 and no phone call) then legally i can leave the house and we dont have to wait for him!! but i'd double check that because it was my understanding that you have to make the child available even in the father doesnt turn up... am i going in circles?! lol sorry :rolleyes:

[immy]

Thanks for the advice. I do keep a diary and have done so for a while. I also have an AVO that he cannot abuse me anymore etc, verbal abuse and emotional abuse that is. My daughter was suffering and so was my mother and of course me.
I try so hard to do the right thing and ensure he is part of her life but he plays games with me I don't think he really cares for her at all.:(

[rennie]

Hi, I work for the department of justice in the corrective area, so I have not had a lot to do with family law however I do know a little. Like the other posters said you should keep a diary not only on when he does and does not turn up but also how it is impacting on your childs emotions and behaviour. When you applied to the courts for the parenting order you should hav been given a compliance contract which states what consitutes a breach, it varies from state to state as far as I am aware. You can apply to the courts to have the Order cancelled or varied due to non compliance of the Order. If your ex presents valid reasons as to why he did not attend, then they courts may grant him make up access or vary the Order in his favour - this is where your diary will be useful. Your best bet though is to seek legal advice, you can phone legal aid free of charge and discuss your rights over the phone. Hope that helps and made sense. Good luck