By Paris Cominos
It is the case that parenting orders created by consent or by the court are occasionally contravened by either of the parents and the causes for this can be various and many. Application for Contravention of Orders are generally filed in the Federal Magistrates Court, but can be filed within the Family Court of Australia in which the problem is held to be difficult such as where allegations of physical abuse of children have been made.
If you are considering carrying out parenting orders here are a few factors that you have to take into consideration:
- An order cannot be complied with if one party did not know about it. Has the party been adequately given, are they informed that the Order is in existence? Do they thoroughly grasp their personal requirement under the Orders?
- Is the order current? Are the orders up to date as well as binding or were they for a selected time period and that time has now past or have there been future orders created?
- Is the order enforceable, quite simply, does it identify what is to occur, when it is to occur, by whom, where and exactly how? For instance an order that states that one party has reasonable telephone communication with the child this may look too vague, unclear and problematic to implement.
- What's the most inexpensive alternative to rectify the situation? Is making an Application for Contravention truly the most beneficial solution for your matter, perhaps family dispute resolution can be right or an initial letter by your family lawyer to the other party might rectify the problem in the first scenario.
- Has one party taken the little one or children in violation of parenting orders and is refusing to return them? Potentially an Application for a Recovery Order can be more practical while noting that the child's best interest is vital consideration in deciding whether to build a restoration order.
- Has the infringing party delivered an acceptable excuse for contravening the orders? If the court learn that the individual has contravened a parenting order, it will have a look at whether a practical excuse has been made by the infringing party.
The penalties that the court can inflict for contravening a parenting order include:
- Order the party to go to a post division parenting courses
- Order make-up time for the time losses with the kids having been a result of contravention
- Call for person to get into a bond
- Order the party to repay some or all of the applicant's legal expense
- Require individual to participate in community services or that the fine be paid or possibly even order imprisonment.
FinallyIn conclusionIn conclusionFinally if you are pondering about presenting an Application for Contravention of Parenting Orders it is extremely essential that you look for advice from family law firm.
If you are considering carrying out parenting orders here are a few factors that you have to take into consideration:
- An order cannot be complied with if one party did not know about it. Has the party been adequately given, are they informed that the Order is in existence? Do they thoroughly grasp their personal requirement under the Orders?
- Is the order current? Are the orders up to date as well as binding or were they for a selected time period and that time has now past or have there been future orders created?
- Is the order enforceable, quite simply, does it identify what is to occur, when it is to occur, by whom, where and exactly how? For instance an order that states that one party has reasonable telephone communication with the child this may look too vague, unclear and problematic to implement.
- What's the most inexpensive alternative to rectify the situation? Is making an Application for Contravention truly the most beneficial solution for your matter, perhaps family dispute resolution can be right or an initial letter by your family lawyer to the other party might rectify the problem in the first scenario.
- Has one party taken the little one or children in violation of parenting orders and is refusing to return them? Potentially an Application for a Recovery Order can be more practical while noting that the child's best interest is vital consideration in deciding whether to build a restoration order.
- Has the infringing party delivered an acceptable excuse for contravening the orders? If the court learn that the individual has contravened a parenting order, it will have a look at whether a practical excuse has been made by the infringing party.
The penalties that the court can inflict for contravening a parenting order include:
- Order the party to go to a post division parenting courses
- Order make-up time for the time losses with the kids having been a result of contravention
- Call for person to get into a bond
- Order the party to repay some or all of the applicant's legal expense
- Require individual to participate in community services or that the fine be paid or possibly even order imprisonment.
FinallyIn conclusionIn conclusionFinally if you are pondering about presenting an Application for Contravention of Parenting Orders it is extremely essential that you look for advice from family law firm.
About the Author:
It is important to select from quite a few family lawyers in Sydney area who concentrate on child custody law. Cominos Family Lawyers specialise in Australian family law.