I have a 5-year Protection order with ex as the respondent. I wasn’t able to have the children named on the order because they are protected under the Federal Circuit Court issued Court Order. In this order, it says that either parent is to refrain from physically disciplining the children whatsoever. This is an injunction issued by the Federal Circuit Court.
In this order, it’s also stated that parents are to inform the other parent of GP and or other appointments to do with the children.
What the order fails to mention is what one parent is to do if the GP or any other appointment is made because the child was harmed by the other parent.
Since the order was released there have been three to four incidences when both kids have been in the other parent’s care during which they were abused and or subjected to family violence. But there was no proof.
Earlier this year, my son came home with bruising and told me he was abused by his father. I took a photo of his bruising and booked an appointment with a GP who was open and had availability on a Sunday (the next day).
The other parent has found out about this appointment and is asking why my son went to a GP appointment at that time.
The children return back to my care for 11 days on Saturday. I was thinking of letting the other parent know when they’re back with me.
I would seek legal advice from an experienced family lawyer.
Section 60CC of the Family Law Act states that the Court must give greater weight to paragraph 2b- the need to protect the child from physical or psychological harm from being subjected to, or exposed to abuse, neglect or family violence.
There are reasonable excuses for contravening an order- this might be considered a reasonable excuse for you contravening the order to tell him about G.P appointment (assuming you don’t want to tell him about the appointment). How will the childs father react if you tell him you’ve taken your son to the G.P for this reason? Will the violence escalate?
I’m wondering if you could also request the police do a welfare check when the children are with him?
You could call 1800RESPECT as suggested above. Ask to speak to someone experienced in DV (I’m sure they’d all have training in this but you want someone experienced) for some practical advice. They will probably also advise you speak to a lawyer re if these are reasonable grounds to contravene a Court order- unfortunately this won’t be an isolated event and you need to know how to deal with such a situation in future. Keep on documenting evidence and reporting (dates, times, photos, medical, police reports etc)
How horrible, I can’t imagine how hard this would be for you. Can you email him and say you are taking him to a GP due the injuries he caused him. This would not only mean you are following the directions in the order but are notifying authorises of his actions?