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Case Details for not having access

What are the details of the case that was recently completed that set a prescedent for a non custodian parent not having access

I believe there was a recent court case that said that even though the non-custodian parent had access on a certain day, he was not obligated to have that access. Can someone please provide me the details of this case.

Thanks
 
A parenting plan can specify that a non-resident parent is entitled to access on certain days. This does not mean that the non-resident parent is obligated to have the child on those days.

This does not mean that you would not advise the resident parent, or attempt to negotiate make up time for a later date.

I am not sure of the exact case you refer to, but if you search the FMC judgements database and use various search words, it should appear.

If you have a specific court order that you have agreed to, you would want to comply with it, or face a contravention.

Having fought for time with your children, I would be very careful about not taking up what you have received. I do not imagine it would sit well with a magistrate.

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cjarmain said
I believe there was a recent court case that said that even though the non-custodian parent had access on a certain day, he was not obligated to have that access. Can someone please provide me the details of this case.

Thanks
This was in reference to a 'reverse' contravention I posted (I think in Judgments of Interest) and re iterated the principle that contact is a privilege and there are no penalties for not taking advantage of it.

However as Artemis has indicated it is dangerous to get an order and then not take advantage of it as you create a potential trap for yourself should the matter ever re enter the Court system.

Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
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