What are your options when parenting orders are ignored?

By Anita Petrovic.

It is not uncommon for a party in a family law matter to not comply with Orders of the Federal Circuit and Family Court. In parenting proceedings, after a hearing or even when Orders are made by consent, a party may not like the Orders that have been made by the Court and decide not to comply with them.

For example, an Order can be made for a child to live with one parent and spend time with the other parent; the ‘live with’ parent may contravene the Orders by not permitting the child to spend time with the other parent in breach of those Orders.

In an area of the law dealing with children’s matters, people can be driven by emotion, concern, fear or even spite to contravene the Orders of the Court.

What are your options?

What options does the parent from whom the child has been withheld have?

One option is to file a Contravention Application.

Contravention applications are quasi-criminal applications with the intention of punishing the person in breach for their non-compliance with the Orders. If the person is found following a contested hearing to have breached the Orders without a reasonable excuse, then the Court is able to impose punishments on the non-complying party, including up to imposing a prison sentence.

Unfortunately, the burden of action is placed on the party that has not done anything wrong to bring the application to try to achieve compliance with the Orders.

To find out more about holding the other party accountable for contravening Court Orders, contact one of our team today. We’re here when you need us.