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.
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