CONTRAVENTION ORDERS
PARENTING ARRANGEMENTS FOR YOUR CHILD
Parenting orders can be made by consent or by order of the court, and will set out the parenting arrangements for your child or children moving forward. Once parenting orders have been sealed by the court, the parties to the orders are bound by the parenting arrangements contained therein.
Contact our Gold Coast family lawyers today if you have any concerns about your obligations under a parenting order, or the contravention of a parenting order.
If you are party to parenting contravention orders, this means that:
- You have a positive obligation to actively effect the terms and ensure that you comply with them. For example, if your child or children say they do not want to go to the other parent’s house, you should not only compel your child to go, but actively encourage them to do so.
- You are bound by the terms of the parenting order even if there is a change in the needs and/or circumstances of you, the child or children, or your former spouse. If the change in needs and/or circumstances cause an inability to comply with the parenting order, the order will need to be amended.
- The parenting order remains in place until it is amended by:
- written agreement between the parties (by entering into a new parenting plan or mutually applying for consent orders that vary the existing orders); or
- by further order of the court.
- You cannot send the child overseas without the written consent of the other parent or an order of the court if the parenting order has made provision for parenting time and parental responsibility. Child abduction is an offence punishable by imprisonment for three years.
HOW IS A PARENTING ORDER CONTRAVENED?
An order is contravened (i.e. breached) when one party:
- Intentionally fails to comply with the order
- Fails to make reasonable attempts to comply with the order
- Intentionally prevents compliance with the order by a party who is bound by it
- Aids or abets a contravention of the order by a party who is bound by it
A contravention will only be ‘excused’ where the party who contravenes the order can establish that there was a reasonable excuse for breaching the order.
What are your options if your former spouse has contravened parenting orders?
Firstly, we recommend attempting to resolve the dispute by attending Family Dispute Resolution (FDR). If it is not suitable to attempt to resolve the matter between yourselves at FDR, you can apply to the court for a contravention order. There are three methods of applying to the court.
APPLICATION IN A CASE
If there are proceedings on foot, you can file an ‘Application in a Case’. This is effectively an application that the parenting arrangements contained within the order are resumed or varied.
CONTRAVENTION APPLICATION
If you seek to implement the orders, you can file an application with the court, namely an ‘Application – Contravention’. Before filing an ‘Application – Contravention’, you should consider the result that you want to achieve. In terms of the remedies available. The court may make an order that:
- Varies the existing order
- Ensures the arrangements set out in the order resume
- Compensates a person for lost contact time (by ordering ‘make up time’)
- Requires one of the parties to pay a ‘bond’ (and they get that bond back when they return the child)
- Puts a person on notice that if the person does not comply with an order, the person will be punished
- Punishes a person by way of a fine and/or imprisonment
- Make further specific orders, such as:
- An order that you attend a post-separation Parenting Orders Program
- A location order requiring other people and/or organisations to give information about where you and/or the child may be located
- A recovery order issued to the Marshal of the Court, Australian Federal Police, state police and territory police, requiring that the child be located and delivered to a person nominated on the recovery order (usually the applicant)
APPLICATION TO VARY THE PRIMARY ORDER
To file an application to vary an order, you will need to file an ‘Initiating Application’ with a supporting affidavit. This affidavit will need to outline the significant change of circumstances that have arisen, such that it is in the best interests of the child or children that the parenting orders be varied.
It is quite difficult to establish that a change in circumstances is significant enough to warrant the alteration of existing parenting orders.
If you have any concerns about your obligations under a parenting order, or the contravention of a parenting order, our Gold Coast family lawyers can assist you to understand your legal rights and responsibilities, as well as your options moving forward with Contravention Orders.
What is the Difference Between a Parenting Order and a Contravention Order?
A parenting order can be made by consent or by order of the court. It outlines the parenting arrangements for your child or children. Both parties are bound by these arrangements once sealed by the court. Whereas a Contravention Order is applied when one party breaches the existing parenting orders.
What Should I do if the Other Side Breached a Parenting Order?
You can attempt to resolve it through family dispute resolution first. Or you can make an application to the court if Family Dispute Resolution is unsuitable or unsuccessful. You can apply to the court for a contravention order.
How Difficult is it to Change an Existing Parenting Order?
The change must be substantial and in the best interest of the child or children. This can at times, be difficult to prove. This is why we suggest seeking legal advice as soon as possible.
How to Schedule an Initial Consultation?
Reaching out to a family lawyer can be a daunting experience, especially if you are not fully certain about your family law matter. However, seeking early legal advice about your situation is instrumental. Taking the first step is easy, we offer a complementary 30-minute initial consultation. This is a confidential session and can be conducted over the phone or in person at our offices in Gold Coast, Brisbane, or Sydney.
To schedule your free consultation, please do not hesitate to call us at 1300 749 709 or fill out our online enquiry form.
Why Should I Trust Ramsden Lawyers?
From the moment you contact us, you will find a warm and supportive environment where your concerns are heard and valued. We have a proven track record of assisting clients to reach their ideal outcomes for their family law matters. We are able to achieve this by adopting a forward-thinking and innovative approach to each matter we take on.
