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Brisbane.Lawyer
Brisbane.Lawyer, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
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Can I sue my child's father damages and destress

Customer Question

Can I sue my child's father for emotional damages and destress for missing my child's visits.. He is supposed to have her once a month for a week.. As it turns out I preorganize it all and travel over 300km to transport her for visits but he changes his and he cancels everytime but not till we get there.. Now warning nothing, he waits till we are there before canceling .. So I end up with a very emotional and distraught 13yr old girl
Submitted: 1 year ago.
Category: Australia Law
Expert:  Brisbane.Lawyer replied 1 year ago.
Do you have Court orders in place regarding custody?
Expert:  Brisbane.Lawyer replied 1 year ago.
If Court orders are in place, and a party contravenes the Court Orders.. then a Contravention application can be made to the Court.. and penalties, etc. can be implemented by the Court. If the breach/breaches are considered serious enough - they can be deemed contempt of Court.. which (at the extreme end in the discretion of the Court) can result in imprisonment. If not, then my recommendation is to take the required steps to document firm arrangements, that if breached will have consequences attached. Please let me know if you need assistance to identify and take the appropriate steps, depending upon the current situation. Kind regards, James