Enforcement and Contravention of Parenting Orders
The Family Court has a process for establishing and enforcing parenting orders. However, enforcement of those orders is discretionary and the discretion will be exercised with the best interests of the child as a starting point.
If a party breaches a parenting order, the other party can file a contravention application in the Family Court. The Family Court can then make orders, including for:
- Punishment of the contravening party, for example by fines.
- Consensual resolution through mediation, negotiation or counselling.
- Make up time with the child/children.
- Variation of the original order.
Contravention applications should be made promptly, as delay can be fatal to any enforcement action.
Please
contact us to obtain detailed advice regarding contravention applications and remedies for enforcing parenting orders generally.
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