Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    How many mothers have been sent to jail or fined for not letting their children see their father? Are fathers getting more rights or are the courts biased to the mother? If you have a court order to see your children can you call the police to enforce the order? In a previous article you mentioned that you can record your phone conversations but will the court allow such evidence? When do the courts start listening to the children and how often are the children's wishes granted?
    Posted:
    Notice: Undefined property: stdClass::$post_date in /var/www/webapp/ui/mlb_faq.php on line 96


    Although courts are reluctant to send mothers to jail, they are far less reluctant to fine them. However, if a mother is indeed providing to be difficult a judge issues an order for her to comply with a threat that the next time she will be imprisoned. At the same time the court often orders the mother to reimburse the father for his legal costs, usually a few thousand dollars. An accumulation of these costs alone can dissuade a mother from acting unwisely. After a number of such warnings and fines the courts have, on occasion, jailed mothers. It is therefore more the court process and the attendant fines and/or costs that lead to results, rather than jail itself. In the course of such proceedings, additional methods such as a court application to switch the child's custody can also be effective. You can call the police to enforce an access order only if the order specifically asks the police to assist in the enforcement. Courts have become increasingly sensitive to the rights of father and their need to have maximum contact with their children. However, much depends upon how well their case in represented in court, which often means how much money you have or how much Legal Aid will fund (if you qualify). At the same
    time if abuse in an issue, and the woman is well represented, the courts will carefully protect a child or his mother. But once again arranging for qualified legal representation is key. Where on must prove someone is lying or to demonstrated abusive conduce you
    can tape record a phone conversation using one's own phone and the court will accept the evidence Courts consider a child's wishes based on his maturity and needs, not his age, and not directly. However, by age 14 the court will listen very carefully. A child must be
    represented by the government through the "children's lawyer" appointed by the court.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.





Document Banner