The extent and nature of the breach of the injunction may also affect the continuation of the courts` actions. For example, the courts might be more lenient for someone who has arrived once or twice late for a child drop or pickup than someone who refuses to comply with the custody order. For example: Claire and Jonathan have two children and have been granted shared custody. The children live mainly with Claire, but on Wednesdays and alternative weekends with Jonathan. Jonathan is required to pay for child care, but he is back for more than 4 months. To force him to pay, Claire will not allow Jonathan to have the children during his planned period. Although Jonathan failed to do some of his obligations by not paying child benefit, Claire violated the child care system by appropriating ”self-help.” Before taking formal action, your lawyer must understand the exact nature of the Westfield offence. There are no two identical situations and legal actions should reflect this fact. Some common offences that take place under child care agreements are: you cannot change your agreement yourself with your former spouse. But you can require the court to grant an amendment to the agreement to better meet the needs of your family. A family lawyer can help you design a new agreement that works for you and your former spouse and then take it to court. If you are faced with a situation where the other parent of your children does not follow a court-issued custody order, it is possible to re-apply to the court to ensure that the custody order is followed and that the other parent is punished for the offences.
This is much more convenient, cheaper and usually leads to court approval as long as the new scheme is in the best interests of children. Violations of a court order regarding custody of children or home visits of children can have serious consequences. First, the violation of a custody or visitation agreement, since the agreement is essentially a court decision, may lead to non-compliance with judicial matters. This can lead to consequences such as possible criminal sanctions, such as fines or imprisonment. Also make sure you behave appropriately, respectfully and professionally when you are in court with the family. It can sometimes be difficult to stay calm when dealing with something as serious and important as child care, especially if your ex has not cooperated. However, appropriate conduct in court is essential if you avoid putting your case at risk and want to stay out of prison. A visitation agreement for children is a court order that generally sets out the timetable for both parents to continue their relationship with their children after a divorce.