Legal Question in Family Law in Australia
breaking court order
a parent was suppose to send a plane ticket for a child to fly overseas as soon as reasonably practiable. As he did not do this 30 days prior to school holidays comencement the only available ticket was for the tuesday-4days after they started. The time flight of flight is during my work hours and i can not change my shift due to short notice of flight date details. do i still have to send her?
2 Answers from Attorneys
Re: breaking court order
It appears there is a court order in place. If so, the answer depends on the wording of the order. If the order provides that the ticket is to be supplied 30 days before the holidays then you might not be in breach of the order if you fail to send her. However you should obtain advice from a lawyer who specialises in family law and show them the order.
Re: breaking court order
I guess the first response is to query whether or not he has in fact broken a court order? If the order says "as soon as reasonably practicable" then that wording is sufficiently vague as to be farily meaningless.
So the question then really becomes this...would you be breaking the order of you didnt send her? On the face of it you probably would.
The question after that is..would you have a reasonable excuse? Thats the part where it is tricky to advise without a lot more info. Things like the past history of contact, the degree to which he has left it to the last minute, the degree to which it would be impossible to get her to the airport, etc start to becaome very important.
email me more detail if you wish and i'll see if i can help.
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