Consequences of Breaching Parenting Orders in Australia
Parenting orders play a vital role in establishing clear guidelines for separated parents. These court-issued directives ensure children’s wellbeing remains the primary focus during family breakdowns. However, what happens when these orders aren’t followed? The contravention of parenting orders can lead to serious legal consequences that affect both parents and children alike. Let’s examine what happens when parenting orders are breached and the resulting implications.
Key Takeaways
- Breaching parenting orders may result in legal penalties including fines, community service, or even imprisonment
- The court considers whether a breach was reasonable and if there was a ‘reasonable excuse’
- A pattern of breaches can negatively impact future custody arrangements
- Professional legal advice is essential when dealing with potential or actual contraventions
- Prevention through proper communication and seeking modifications when necessary is the best approach
What Are Parenting Orders?
Parenting orders are legally binding directives issued by the Family Court or Federal Circuit Court of Australia. They outline specific arrangements regarding children after parents separate or divorce. These orders typically address where children will live, how much time they’ll spend with each parent, communication methods, and decision-making responsibilities for education, health, and religious upbringing.
Unlike informal agreements, parenting orders carry the full weight of law. Once made, all parties must comply with these directions unless there’s a substantial change in circumstances that warrants modification through proper legal channels.
Actions That Constitute a Breach
Not every disagreement about parenting constitutes a contravention. However, specific actions directly violate court orders:
- Refusing to hand over children during scheduled custody exchanges
- Repeatedly being late for custody exchanges without reasonable explanation
- Taking children outside agreed geographical boundaries without consent
- Interfering with the other parent’s communication with the children
- Making major decisions about the child without consulting the other parent when joint decision-making is ordered
- Speaking negatively about the other parent to the children when this is prohibited
The courts distinguish between minor infractions and serious, deliberate contraventions. A one-time 15-minute delay due to traffic differs significantly from a pattern of denying access or relocating children without permission.
Legal Consequences for Breaches
When a parent breaches parenting orders, they face a spectrum of potential penalties depending on the severity and frequency of the contravention:
The court takes breaches of parenting orders seriously because they undermine the justice system and potentially harm the child’s best interests.
For first-time or minor breaches, courts may order:
– Attendance at parenting education programs
– Payment of legal costs
– Make-up time with the affected parent
– Community service
For serious or repeated breaches, penalties escalate to:
– Substantial fines
– Bond requirements with conditions
– Changes to the parenting orders
– In extreme cases, imprisonment up to 12 months
Additionally, a documented history of breaches seriously impacts future custody proceedings, potentially resulting in reduced parenting time or supervision requirements.
The Contravention Application Process
When one parent believes the other has violated parenting orders, they can file a contravention application. This multi-step legal process begins with completing and filing the appropriate forms with the court that issued the original orders.
The respondent then receives an opportunity to explain their actions. They may claim a “reasonable excuse” for the breach – perhaps an emergency arose, or they reasonably believed their actions were necessary to protect the child from harm.
During the hearing, both parties present evidence regarding the alleged breach. The court must determine whether:
– A contravention actually occurred
– The respondent had a reasonable excuse
– What remedy or penalty is appropriate
This process can be lengthy and stressful for all involved, which is why courts encourage resolving disputes through mediation or family dispute resolution when possible.
Prevention and Resolution Strategies
The best approach to parenting order issues is prevention. Consider these strategies:
Clear communication: Maintain respectful, clear communication with your co-parent, preferably in writing. Apps designed specifically for separated parents can help document exchanges.
Flexibility with documentation: While adhering to orders is important, reasonable flexibility helps manage real-life situations. Document any agreed variations in writing.
Seek formal modifications: If circumstances have changed significantly, apply to modify the orders rather than simply disregarding them.
Use family dispute resolution: Before heading to court with a contravention application, attempt mediation through accredited family dispute resolution services.
Conclusion
Following parenting orders isn’t just a legal obligation – it’s a commitment to your child’s wellbeing and stability. Breaches create stress and conflict that ultimately harm the children involved. If you’re facing challenges with existing orders or believe the other parent has contravened them, seeking qualified legal advice is essential.
Testart Family Lawyers specialises in helping parents understand their rights and responsibilities under parenting orders and can provide guidance if you’re dealing with potential contraventions. With proper legal support, most parenting order issues can be resolved constructively, keeping the focus where it belongs – on the best interests of your children.
