What happens when parenting orders are broken?

Parenting orders are one way of resolving family disputes. An alternative is attending family dispute resolution before filing a court application. If you and the other person reach an agreement, you can make a parenting plan, which is not a legally enforceable agreement.

It is important to seek advice from a lawyer who can help you understand your rights and responsibilities under the law. They can also help you find a way to reach an agreement without having to go to court, which can be stressful and costly.

You can also contact a lawyer to get advice on changing an existing court order that is no longer accurate in its reflection of custody arrangements.

You must ensure that you are complying with a parenting order. The Family Law Court's website says that “the law about the consequences of failing to comply with orders is complicated and technical. “What may appear as a failure to comply with an order to you, and your family and friends, may not be according to the law.”

You could be in breach of an order if you intentionally fail to comply with it, make no reasonable attempt to comply with it, intentionally prevent compliance by a person who is bound by it or help a person bound by the order contravene it. Consequences for breaching a parenting order include payment of expenses that you caused the other person, including legal costs, community service, a fine or gaol term.

Ensure you speak with us if you need advice on resolving a family dispute, creating a parenting plan, going to court, changing an existing parenting order, or if you believe you or your ex-partner are in breach of a parenting order.