18 Mar Parenting Order Breaches
When a Parenting Order is made, each party affected by the order must comply and follow it. If a party does not attempt to comply or deliberately fails to comply with an Order, they may be in breach. Accordingly, if the party does not have a sufficient justification for breaching such Order, the other has the ability to file a Contravention Application.
An order is breached when one party:-
- Aids or abets a contravention of the order by a party who is bound by it; or
- Intentionally prevents compliance with the order by a party who is bound by it; or
- Fails to make reasonable attempts to comply with the order; or
- Intentionally fails to comply with the order.
Under Division 13A of Part VII of the Family Law Act 1975, a Contravention Application is used when alleging a breach of an existing Parenting Order. Each matter is determined according to its specific circumstances and outcomes differ, so it is crucial to understand how the law relates to your specific situation. If you think your ex-partner is breaching or failing to comply with your Parenting Order, you should seek legal advice in relation to your options.