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The Role of the Police in Family Legal Matters

By adminJune 24, 20213 Mins Read
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Most people think that the police are allowed to help in any situation that comes up, but that is not the case when it comes to dealing with matters of family law.

Here are some things you should know about divorce lawyers in Adelaide and the role of the police in family law matters:

What happens if a child spends time with the other parent and at the end of that time, the other parent says that they will be keeping the child?

In this particular situation, it might be someone’s instinctive reaction to immediately call the police. But there is not much that the police can do in this situation. Keeping the child from the other parent is not inherently criminal, so the police don’t have any jurisdiction to intervene in this case. 

The most that the police would be able to do is to do a welfare check on the child to make sure they are safe and not at risk of harm. Once the welfare check has been completed and they have determined that your child is safe and unharmed, the only thing you can do moving forward to make sure your child is returned to your care is to start family law proceedings or file a Contravention Application with the Court if court orders are already in place and the other parent’s actions are in breach of the orders.

What powers do the police have to intervene when there has been a breach of Family Law Court Orders?

There are limited circumstances where the police have the jurisdiction to intervene, even if there are Family Law Court Orders in place. The most common situation where the police are allowed to step in is where there is a Family Law Court Order prohibiting the removal of a child from the Commonwealth of Australia. 

In this case, the Australian Federal Police, also known as the AFP, can intercept anad prevent the illegal removal of the child from the Commonwealth of Australia. They can also enlist the police forces of any state or territory in Australia to help with the case.

What can the policeX help with?

When it comes to family legal matters, the police actually can help in a number of different ways. If you are in an abusive marriage or relationship, the police can help you by issuing an Intervention Order to offer you protection from that person.

Keep in mind that having an Intervention Order in place does not automatically revoke the Family Law Court Orders that are already in place. It also doesn’t prevent the Family Law court from making orders that give the other party contact with a child or multiple children that are listed as a Protected Person under an Intervention Order.

Section 68Q of the Family Law Act 1975 and Section 16 of the Intervention Orders (Prevention  of Abuse) Act 2009 say that any Intervention Order that is inconsistent with a Family Law Order can be deemed invalid. State Courts are allowed to resolve the inconsistency by suspending the Family Law Court Order.

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