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Sep 22, 2017
This post will continue on the topic of parenting orders. See here and here for our previous posts about a person’s obligations under a parenting order and the enforcement of parenting orders.
So now the parenting order is in place and you understand your obligations under it, the question arises: what do I do if the other parent doesn’t comply with the orders?
If the other person subject to a parenting order hasn’t complied with the order, this is called contravention. It can happen in a number of ways, including when the other person has intentionally failed to comply with the order or when they have made no reasonable attempt to comply with the order. Contravention can also occur when someone else intentionally prevents compliance with the order by a person bound by the order.
In these cases, an application can be filed by the Court that says the person did not comply with the order. The Court will then consider all the facts of the case and apply the law, and come to one of the following four decisions:
- The alleged contravention was not established.
- The contravention was established but there was a reasonable excuse.
- There was a less serious contravention without reasonable excuse.
- There was a more serious contravention without reasonable excuse.
The differences between these decisions will be discussed in our next blog post – stay tuned!
If you have a family law matter, concerns about how to get or enforce a family law parenting order, or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Karla Elias and edited by Andrea Spencer.
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family law, family law and parenting, contravention, family law in NSW, court orders, enforcement, legal jargon, understanding family law
