Do I have to do what the Magistrate says?
A magistrate has given custody of my kids to my in-laws. I’m allowed to see them twice a week. I don’t think this is fair. I’m thinking about just going around to see them regardless of what the magistrate said. They’re my kids after all.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
- It is important that you are always respectful in Court.
- You must comply with Court Orders.
- You need to talk to your lawyer about your case and take the issues seriously. Magistrates do have powers and can make orders that effect you.
- For example the Court may make an order that you must provide a breath analysis sample before a Contact visit. If you do not do this then the Contact visit will not go ahead.
- It is important to remember that the Magistrate is the person who can make really important decisions about your case. If you ignore their reasonable suggestions they may think you are not taking the case seriously and that this shows you are not willing to make the necessary changes to have your children returned to your care.