When someone separates from their partner or spouse and settles all of their affairs in court, it may be time to get back to normal and make life more predictable. After all, they'll need to do their bit to care for the children and comply with the relevant court orders made, but the other party may be displaying erratic behaviour and making life a lot more difficult. In this case, it may be tempting to take action to protect the kids from such a risk, but could this affect those existing court orders?
Understanding the Order
Court orders are typically issued by the judge when the two parents in question could not or would not reach an agreement themselves. Typically, the judgement will dictate how the children are to be looked after, how much time they will spend with each parent and how they will be cared for financially. Usually, both parties have to comply with those court orders, as there are potentially serious consequences if they do not.
Weighing the Options
This situation can be quite grave, but the behaviour of one party can give even more cause for concern. For example, they may have had issues with anger management before, and this may have been a contributing factor in the separation. This behaviour may have continued up until this day and may well be affecting the child when they are in the care of that individual. In the worst-case scenario, the child may be suffering some emotional trauma as a result.
Contravening the Order
It may be tempting to disobey the court order and keep the child in your care instead of giving them over to the other parent. You may feel that this is much safer and that the child will be much happier with you. Still, you will need to be careful about those court orders. As such, you will need to show that you have a reasonable excuse for taking action and will need to explain to the court what you're doing.
Understanding the Risk
Don't underestimate the power of the court if they find that you are acting unreasonably. They could order you to compensate the other parent, pay their legal costs, pay a fine or even face imprisonment.
If you do decide to take this type of action, you will need to get a family lawyer involved. They will advise you of your legal rights and put forward a strong case so that you can convince the judge that your actions were warranted. Reach out to firms like that of Ray Swift Moutrage & Associates for more information.