If you believe that your former partner has breached parenting orders, or you have been accused of contravening or breaching orders, you will understandably be upset and stressed. We have the expertise to assist and advise and represent you at court for all contravention matters.
What is a Contravention?
A contravention or breach of parenting orders is simply when one parent does not follow the parenting orders. However, if a non-complying parent has a good reason for not following the orders, it may not be seen as contravention or breach by the court.
If you are considering making a contravention application you should know that the court’s main focus will be on whether or not there has been a breach of the court orders. If the court finds that a breach or contravention has happened, then the court will try and change or fix the orders so that this is less likely to happen in the future.
The aim of the court is to always reduce parental conflict and to make orders that don’t see people coming back to court over and over again.
I have a parenting plan. What can I do if my ex doesn't do what they say?
A parenting plan is an agreement in writing made between two parents. As it is not a court order it cannot be breached or contravened. If your ex is not following the agreement, you may need to consider going back to mediation or filing an application at court.
Do I have to go to mediation before I can go to court?
Mediation is a compulsory requirement for any parenting applications, including contraventions. If there are urgent or family violence issues then you may not have to go to mediation.
A court will not allow you to file a parenting application for contravention unless you have attended mediation or you have an exemption from attending the mediation.
General Information – Contraventions & Parenting Orders
Understandably when a parent contravenes or breaches Parenting Orders made by Consent or by the Federal Circuit or Family Court of Australia, this can be the source of frustration, upset and uncertainty for many people. In these circumstances, our Senior Family Lawyers can assist you with providing accurate legal advice and assistance in exploring the options available to you.
Sometimes a contravention can be remedied with communication with the other parent which can be done with the assistance of one of our Senior Family Lawyers or through a mediation process. If however, these options are not suitable or appropriate, then as a last resort, we can represent you at Court.
Going to Court for the contravention of parenting Orders is complicated, as contraventions are considered by the Court as “quasi-criminal” proceedings. A person is taken to have contravened a Parenting Order, if they were bound by the Orders and did not make reasonable attempts to comply with the Parenting Orders.
However in circumstances where Orders have been varied without clear written agreement or where the person did not know about the Orders, then there contravention will be justified. It is important to note that if Parenting Orders have been made in Court and later down the track the parties make a Parenting Plan by consent which are inconsistent with the Orders, this may not qualify as a contravention.
Contraventions can also occur when people do not comply with Property Orders that they have agreed to or have been Court ordered.
If you feel that your former partner has breached Parenting or Property Orders, or you have been accused of contravening or breaching Orders, please contact us today for specialist family law advice.