If a parent doesn’t follow Parenting Orders, this is called ‘breaching’ or ‘contravening’ the orders.
In some cases, when a parent breaks Parenting Orders, the other parent can file an application to ask the court to fix the breach or to enforce the orders.
The Family Courts will not enforce a Parenting Plan as this is not a court order.
Get legal adviceACTNSWNTQldSATasVicWA before you start contravention proceedings, as it may not be the best option for you. You may have to pay the other side’s legal costs if you lose.
For more information on contravention proceedings, see resources and get legal adviceACTNSWNTQldSATasVicWA.
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The Family Courts may decide that a parent broke the order, but had a reasonable excuse for doing so.
If there was a reasonable excuse the Family Courts may dismiss the application and ask the parent who started the contravention proceedings to pay the other side’s legal costs.
You can get legal adviceACTNSWNTQldSATasVicWA about what is a reasonable excuse.
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- Federal Circuit Court – How do I apply to the court when Parenting Orders have been breached or not complied with?
- Family Court of Australia – Parenting orders – obligations, consequences and who can help
- Federal Circuit Court – Compliance with Parenting Orders
- Legal Aid NSW – My Ex-Partner isn’t Following the Court Orders about our Children. What can I do?
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- Family Court of WA – Contravention
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