Supervised visits
My son has supervised court ordered visits with his son every second weekend for an hour and a half.
Can you tell me if the people running the centre cancel the court ordered supervised visits without going back to court. If so what reason do they need?
Thank you
Hi there. From the information provided, it appears that your son is subject to a parenting order made by a court which allows him to visit his child in a supervised setting at a particular “centre”. We have assumed that you are referring to the Children’s Contact Service, run by Relationships Australia. This service provides a facility where a parent who has separated from the other parent can fulfil their contact hours with their child in a supervised environment. Use of the service is voluntarily, unless a court has ordered that the parents use the service. More information about Relationships Australia (Queensland Division), including the Children’s Contact Service, can be found at www.raq.org.au.
You asked if the Children’s Contact Service can cancel the parenting order that gives your son supervised visitation rights to his child. The Service is independent from the court system and does not play a role in enforcing, modifying or revoking parenting orders. The only way a parenting order can be modified or revoked is by a court.
A parenting order must be followed. A person breaches a parenting order if they intentionally fail to comply with the order or make no reasonable attempt to comply with the order. A court can only penalise a person who has breached a parenting order if another person (such as the other parent or a grandparent) files an application with the court alleging that the order has been breached. If an application is made, the court will consider whether the parent who is alleged to have breached the parenting order has a reasonable excuse for breaching the order (e.g. the parent did not understand their obligations). If the parent has no reasonable excuse, the court may modify the original parenting order or make a new parenting order. The court may also impose a penalty (e.g. community service, a fine, imprisonment).
Suggested way forward
It is important that your son understands his rights and responsibilities under the parenting order. Your son should consider speaking to a family lawyer if he needs advice on modifying, cancelling or complying with a parenting order. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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