Consequences of Breaching Parenting Orders in the Federal Circuit and Family Court of Australia

Consequences of Breaching Parenting Orders in the Federal Circuit and Family Court of Australia

What happens if a Parenting Order is not complied with?

Parenting orders issued by the Federal Circuit and Family Court of Australia are legally binding orders that set out:

• the arrangements for a child’s care, including living arrangements
• time spent with each parent, and
• communication methods.

All parties referred to in orders are legally obligated to comply with the terms of the orders.

Understanding Breaches and Contraventions

A breach (or contravention) occurs when a person bound by a parenting order fails to comply with its terms.

This includes not taking all reasonable steps to adhere to the order’s requirements.

The Family Law Act 1975 stipulates that non-compliance is taken seriously and can lead to legal consequences. 

Legal Consequences of Non-Compliance

If a party breaches a parenting order without a reasonable excuse, the court may impose various penalties, depending on the severity and nature of the contravention. Potential consequences include:

• Make-up time: The Court can order additional time with the child to compensate for time lost due to the breach. 
• Fines: The Court can impose a monetary penalty on the non-compliant party.
• Community service: The Court can mandate the non-compliant party complete community work. 
• Bond: The Court can require the non-compliant party to enter into a bond to ensure future compliance.
• Imprisonment: In severe cases, the Court will sentence the non-compliant party to a term of imprisonment.

Reasonable Excuses

The court recognises there may be legitimate reasons for non-compliance.

A “reasonable excuse” might include a situation where the person did not understand the obligations imposed by the order or where they believed that breaching the order was necessary to protect the health or safety of a person, including the child.

The burden of proof lies with the person alleging the reasonable excuse. 

Enforcement and Legal Support

If you believe that a parenting order has been breached, you may apply to the Court for enforcement.

The court will assess the circumstances and determine appropriate actions to address the contravention.

We always recommend obtaining legal advice from an experienced family lawyer who can navigate the court processes.