- Do I have the right to know who my child is around?
- Is a child arrangement order permanent?
- Can police enforce family court orders?
- What happens if I don’t go to court ordered parenting classes?
- What happens if you break a child arrangement order?
- Does a parenting plan override a court order?
- Can the custodial parent deny phone calls?
- Who has custody if there is no agreement?
- At what age can a child decide if they want to visit the other parent?
- What do judges look at when deciding custody?
- What happens if a parent doesn’t follow the parenting plan?
- Can a parenting plan be legally enforced?
Do I have the right to know who my child is around?
Each parent is entitled to know where the children are during visitations.
They should also know if the children are left with other people such as babysitters or friends when the other parent is not there.
Both parents should realize that visitation schedules may change as children age and their needs change..
Is a child arrangement order permanent?
The ‘residence’ aspects of a Child Arrangements Order (i.e. with whom a child is to live/when a child is to live with any person) can last until the child reaches 18 years unless discharged earlier by the Court or by the making of a Care Order.
Can police enforce family court orders?
Note that the state police have no power about parenting orders unless a recovery order has been issued. If you know where your child is and are concerned about their safety, you can request the police to a welfare check.
What happens if I don’t go to court ordered parenting classes?
The consequence to the other party who has failed to complete the parenting class is that he/she is not permitted to maintain any future court action to enforce the Plan (e.g. contempt for violation of Plan provisions) unless or until the class has been completed.
What happens if you break a child arrangement order?
Ultimately the Court has the power to order unpaid work (between 40 and 200 hours), financial compensation to the other party, a fine, transfer of a child’s residence to the other parent and in the most serious cases, the imprisonment of the uncooperative party.
Does a parenting plan override a court order?
Written agreements about parenting arrangements that are not court orders are also known as parenting plans. Parenting plans are not legally enforceable and a parenting plan does not override an ADVO.
Can the custodial parent deny phone calls?
One example would be a custodial parent refusing to let the child answer calls from the non-custodial parent. If the non-custodial parent has visitation rights, which they often do, and the custodial parent refuses to abide by the visitation schedule, the custodial parent could be held in contempt of court.
Who has custody if there is no agreement?
If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. However, taking the child away without the other parent’s consent can be held against you in court if that action was not reasonable.
At what age can a child decide if they want to visit the other parent?
Until the child turns 18, the decision is made by the parents or the court. Having said that, the Family Law Act says that the court must take the child’s wishes into account, and the older the child is, the more weight the court will give to the child’s wishes.
What do judges look at when deciding custody?
Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .
What happens if a parent doesn’t follow the parenting plan?
Not following a Parenting Plan can cause stress to both the parents and the child. A parent can ask the court to change custody if one parent is not following it. A parent can be held in contempt of court for violating a Parenting Plan. A parent could face criminal charges for not following a Parenting Plan.
Can a parenting plan be legally enforced?
Parenting plans are non-binding and not legally enforceable but may be written in such a way that they can submitted to a court for endorsement. Once endorsed the parenting plan becomes a binding consent order.