Protecting your children is a full-time job from the moment they are born. You do everything in your power to keep them safe, even if that means keeping a constant eye on them. Unfortunately, this job becomes infinitely harder after a divorce.
Depending on the terms and obligations of your parental order (PO) you may not have the ability to watch over your children as often as you would wish. In addition, you also have the added worry of potential custody issues or backlash from your ex. Common parental concerns include failure of the other parent to follow the PO, refusal of the other parent to return children once their time is over, and abduction. However, just because your parenting order loosens the reigns to accommodate all parties involved, this doesn’t mean you can’t still protect your children from wrongdoing—even if that means protecting them from their other parent.
The Power of an Injunction
If you discover that your ex is planning to take your child out of the state without your permission, or has decided to move with your children without regard to the terms of the parenting order, you can file an injunction.
An injunction is a judicial order that prevents a person from doing something until such time as the action in question is reviewed and approved by the courts. In cases that involve a child, the Family Court will need to be satisfied that an injunction is made in the best interests of the child. If it is determined that the child’s safety is in question, the courts may make any injunction that it considers appropriate for the welfare of the child. This includes personal protection as well as restraining the child, the parent, or third party from leaving, entering, or remaining in a certain place.
In emergency situations where an injunction order needs to be served immediately, an “ex parte” hearing can be held without the other parent being present or knowing about the application. These types of hearings are reserved for situations where the abduction threat may be increased or accelerated if the abductor knows about the planned injunction before it is served.
Once it has been served, if a parent goes against the terms of the injunction, he or she will be in breach and subject to repercussions.
Repercussions of a Breached Injunction
If a parent breaches any type of injunction, there are a number of things the Court can do to punish the abductor and compensate your lost parental time. Repercussions include:
- Recalculation of custody time
- Parenting class
- PO changes
- Prison time
If you believe your child’s other parent or another relative is planning on removing your child from the state, territory, or Australia itself, contact us immediately. We can help you successfully pursue an injunction and make sure it is served before an abduction occurs. Don’t let your ex take off with your children. Call us today to keep your children where they belong.