It’s an increasingly common situation – you and your partner decide to separate, and must ensure the needs of the children you have together are met. You’ve consulted your family lawyer and begun the process of negotiating your child’s living, schooling and other related arrangements. After this process, the Court has made Final orders stipulating the rights and responsibilities of each parent in relation to the children’s arrangements.
And then, despite these Orders having been made, one of the parties breaches the Orders. In this situation, what penalties are available?
Penalties from the Family Law Act
Division 13A of the Family Law Act 1975 (Cth) states the penalties that arise from contravention of orders and other related obligations that affect children. The section deals with situations where:
- A contravention is alleged, but not established;
- A contravention is established, but there is a reasonable excuse for it
- A contravention without reasonable excuse
This grouping shows the broad nature of the powers available to the Family Court – by allowing for a variety of situations in which orders may be breached, the Court is able to tailor the specific breach to the most appropriate penalty.
What the Court Can Do:
Depending on the seriousness of the breach and whether a reasonable excuse for any contravention can be found, the Court has a range of powers available to penalise a mother or father breaching a parenting order. These include:
- Section 70NDB: An order that compensates one party for any time lost with their child due to the other party’s breach of the order
- Section 70NEB(1)(a): An order that requires one parent to attend a post-separation parenting program
- Section 70NEB(1)(c): Adjourn the proceedings in order to allow one of the parties to the matter to apply for a further parenting order that discharges, amends or suspends the previous order/s
- Section 70NEC: An order that the party who has contravened the order must enter into a bond for a period of up to two years that requires them to attend family dispute resolution, family counselling or be “of good behaviour”.
- Section 70NFG: That the party who has breached the order be sentenced to imprisonment.
These examples of the wide-ranging nature of the penalties available to the Court is dependent on the seriousness of the breach and a variety of other factors.
Given the wide range of penalties available to the Court in the event of a breach, if you or the other party believe there has been a contravention of a Parenting Order, it is essential that you seek the advice of your Family Lawyer.
If you believe you or your former partner have breached a Parenting Order, or for any legal advice relating to parenting matters, please do not hesitate to call Freedman & Gopalan Solicitors for legal advice on 02 8917 8700 or fill out the enquiry box and we will get back to you ASAP.