Today I wanted to talk to you about contravention of parenting orders. Once parenting orders are in place, there are significant obligations on the parents to comply with their terms.
Compliance with parenting orders is not just a passive requirement. You are required to positively take steps to ensure that you comply with their terms.
If you have parenting orders in place and you believe that they have been contravened or breached by the other parent, then you are able to file an application for contravention.
The requirements in a contravention application are to establish that the order has been contravened without reasonable excuse. Upon the hearing of an application for contravention, the court can find that there has been no contravention of any parenting orders and if there has been a contravention, they can consider whether it is a serious breach of the orders or a less serious breach of the orders.
If a court finds that a parenting order has been contravened without reasonable excuse, the consequences of that finding can include serious punishments such as fines and at worst, imprisonment.
More often than not, the court will consider varying the original parenting orders, ordering that parties participate in parenting orders programs, ordering make-up time, or a raft of other more therapeutic interventions.
If you believe that your parenting orders have been contravened, or if it is alleged that you have contravened your parenting orders, it is important that you obtain expert legal advice in relation to the steps that need to be taken to make an application or answer an application.
If you need assistance in relation to your parenting orders, if you have been alleged to have breached an order, or if you are concerned that the other parent is breaching the terms of your orders, contact us here at OMB Solicitors where we can provide you with expert family law assistance.