Navigating co-parenting can be challenging, and when your ex breaches parenting orders, it can quickly become stressful and frustrating. The first step is understanding whether your agreement is a Parenting Plan or Consent Orders.
Parenting Plan or Consent Orders.
- A parenting plan is a written agreement between both parents, but it is not legally enforceable since it is voluntarily entered into.
- Consent Orders, however, are a formal agreement filed and approved by the Federal Circuit and Family Court of Australia (FCFCOA). Consent Orders are legally binding, and breaching them can result in serious legal consequences.
How should you approach the situation?
Start with communication – if it’s safe to do so. A respectful discussion may help clarify the reasons behind the breach and lead to a resolution.
If communication isn’t possible or productive, it’s important to seek legal advice to assess your options. Your solicitor will help you decide on the next steps based on the seriousness and context of the breach.
Before deciding how to proceed, consider:
– Was this a one-off issue, such as a missed visit or minor timing change?
– Is the other parent repeatedly disregarding the orders, missing multiple visits, or changing schedules without notice?
– Is there a reasonable excuse for the changes, such as a medical emergency or unavoidable circumstances?
Legal Options When Your Ex Breaches Parenting Orders
If informal resolution isn’t possible, your solicitor may start with a strongly worded letter requesting compliance. If this does not resolve the issue, you may need to consider an application to the court.
What is a Contravention Application?
A contravention application is a formal request submitted to the Federal Circuit and Family Court of Australia (FCFCOA) when one party breaches a Court order. These applications are processed through the National Contravention List, allowing the court to assess the situation and take appropriate action.
The court may respond in various ways, including:
- Making new orders to better accommodate the needs of the child and both parents.
- Providing opportunities for the child to make up missed time with the parent.
- Ordering the non-compliant parent to attend a parenting course.
- Imposing fines for non-compliance.
- Requiring the parent in breach to cover legal costs related to the application.
- In severe cases, imprisoning the parent who has failed to comply.
What do I need to do to file a contravention order?
If you are facing ongoing challenges with co-parenting, obtaining legal advice is crucial to explore your options. At Orman Solicitors, we assist parents in navigating parenting arrangements with empathy and expertise.
If a contravention application is necessary, your solicitor will:
- Draft an affidavit outlining the issue.
- Complete the legal forms on your behalf.
- File the Section 60I certificate, which is required for dispute resolution.
We’re Here to Support You
If your co-parent is not following court orders, you don’t have to handle it alone. At Orman Solicitors, we support individuals and families in Sydney, Wagga Wagga, and across regional NSW with clear, compassionate advice tailored to your situation. We’ll help you protect your rights and your children’s well-being.
Reach out for a free and confidential conversation – contact us.
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Disclaimer: The content presented in this article is offered for informational purposes and should not be construed as legal advice or a substitute for professional guidance. If you have questions or require legal assistance, we strongly recommend consulting with a Solicitor to address your individual circumstances.