‘No reason’ for the court to lift ‘unreasonable’ custody order

‘No reason’ for the court to lift ‘unreasonable’ custody order

The judge has dismissed a legal bid to lift a custody order which has kept a mother and her four children away from each other for three years. 

The High Court heard in February that Mr Rocha, now 49, had “significant difficulty” in controlling his four children, including his eldest, who has Down syndrome, since his ex-wife remarried in 2016. 

Mr Rochas legal team argued that the couple had “a reasonable basis” to consider the order to be “unreasonable” because it “caused significant hardship” on the children. 

A judge at the Supreme Court has now ruled that it is a “reasonable basis” for the order. 

“This case has not arisen from a lack of understanding of the court’s procedures,” Justice Richard McKeague wrote in a judgement on Monday.

“The court has accepted that, while there are some difficult and complex legal issues, there is a reasonable basis for a custody and visitation order that is based on substantial and important considerations, such as the relationship between parents and children.” 

Mr McKeaguar also ruled that “no reason” should be given for the restraining order, which had been in place since December 2016.

He said that it was “in keeping with the court of law’s judgment in relation to the issue of parenting orders” in relation, as well as the case of a mother who had a previous order against her ex-husband. 

In his judgement, Justice McKeagan said that the restraining orders were not based on the court being “entitled to infer that the children would have difficulties” in meeting their obligations under the order, as it was based on “the court’s own reasonable assessment of the need for such a restraining order”. 

The judge added that the mother’s previous order was not “unusual” in its breadth, but added that it “may well have been a reasonable approach to dealing with issues relating to a significant change in the children’s care and the relationship with their father”.

“This is not to say that a restraining or exclusion order would not be appropriate, however,” Justice Mckeagan added. 

Justice McKeagnes ruling comes after the family’s previous court order was found to be unlawful, and their appeal against that order has been heard in the Family Court. 

More: Court orders are made on an ‘on-the-spot’ basis and are subject to the discretion of a judge. Read more (ABC News) Read next: What to know about the new coronavirus vaccine

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