My Parenting Order is being breached by the other party, what are my options?
Persons are obligated to comply with the provisions of parenting Orders which have been made by the court. In the event that a person fails to comply with such an Order remedial action will need to be taken. Options available include:
- Attend a family dispute resolution conference; and/or
- File a contravention application.
On the filing of a contravention application with the court, a determination will thereafter be made, based on all the evidence which is tendered, as to whether the alleged contravention was established but that there was a reasonable excuse for same, that there was a contravention established without reasonable excuse or that the alleged contravention was not established to the satisfaction of the court.
In the event that the court finds that a party has failed to comply with a parenting Order without reasonable excuse, the court may:
- Vary the primary order;
- Order the party to attend a post separation parenting program;
- Compensate the other party for the time lost with the child as a result of the contravention;
- Require that party to enter into a bond;
- Order that party to pay all or some of the legal costs of the other party;
- Order that party to pay compensation for reasonable expenses incurred as a result of the contravention;
- Require that party to participate in community service;
- Ordering that party to pay a fine;
- Order that party to a sentence of imprisonment.
It can be seen that the contravention of a parenting Order is a serious matter and will be treated as such by the court. In fact the breach of any court order could constitute contempt of court for which wide ranging sanctions are available to the court to impose upon the offending party.
For all your family law needs, including the enforcement of parenting Orders, Brydens Lawyers is available to assist. With a team of experts headed by our NSW Law Society Accredited Family Law Specialist, Brydens Lawyers can provide to you the best legal advice and representation for all your family law needs.