BREACH OF PARENTING ORDERS – THE CONSEQUENCES

Date: Jun 11, 2011
Document Type: Article

Parenting orders create an obligation on parents to comply with the arrangements in the orders. Breach of the orders can have serious consequences.

If one parent asserts that the other has breached parenting orders, then the parent asserting the breach may file an application. The parent asserting the breach has to establish, exactly how the breach has occurred and what part of the order has been breached. They have to establish that the other parent knew of the order and understood it. Then the parent alleged to have breached the orders is asked whether he/she pleads guilty or not guilty to the breach.

It is a defence to demonstrate that it was necessary to breach to protect the health or safety of the child. If no defence can be established, then the parent in breach can be subject to a range of penalties including entering into a good behaviour bond, community service, a fine, or even imprisonment. The sentence depends upon the severity of the breach and on the number of any previous breaches.

Contact our Managing Partner, Dominic Wilson on (02) 8268 4000 or by email at craddock@craddock.com.au for friendly professional service.  Dominic will refer you to an Accredited Specialist Family Lawyer.

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