By JONATHON HOWARD
CUSTODY battles between warring parents are affecting the lives of local children and placing increasing pressure on police who receive regular demands to have children forcibly returned home.
It’s a sad but real scenario that children with separated parents can often become bargaining tools, or in some cases, a parent simply refuses to return a child in fear for their wellbeing.
Mothers and fathers are turning to police to assist with the return of their child or children, but police powers are limited, according to Stanthorpe Police Senior Sergeant Mark Ireland.
Snr Sgt Ireland said police were taking regular calls to assist with Family Law Court matters in the region.
“Particularly involving the custody of [a child or] children where a parent refuses to deliver a child to another parent in accordance with a residence or contact order,” he said.
“It is believed by most that if a person disobeys such an order that State police can forcibly remove the child and return them.
“This is however not the case, with police having no authority to act unless the matter has been referred back to Court and a recovery order, directing State Police to assist, is issued.”
Snr Sgt Ireland said police were not discouraging residents and parents from contacting them, however, he said it was important that residents understood that police powers have limitations in cases of Family Law Court matters.
Local Warwick lawyer Philip E. Crook said the situation can be made more complicated where joint custody is in place.
Mr Crook said it was important that parents worked together to develop a parenting plan for the custody and visitation schedule.
However, if a plan cannot be developed, then a parent will need to apply for a consent order followed by a recovery order in the case of one parent failing to return a child, through the Federal Circuit Court.
Applications on matters of urgency can be made to the Federal Circuit Court at 159 Hume Street, Toowoomba on the following dates: 27 September, 31 October, 1 November, 22 November, 12 and 13 December.
For more information, phone the Federal Circuit Court on 1300 352 000.
