With the enactment of a parenting order it is crucial that you are aware of your legal obligations under custody law as well as the penalties that are imposable if you fail to meet such obligations. Seeking divorce advice from a specialist divorce lawyer can help you understand these obligations. Parenting orders require you to partake in active and positive steps in order to make certain that the terms of the order are fulfilled. Moreover, it is essential that you encourage your children to also adhere to the order conditions; for instance, where it is stated that the child is to spend time with the other parent.
In order to penalise an individual for contravention or failure to comply with a term or terms of your parenting order, the Court must receive a contravention application from the other parent that seeks to remedy or correct the breach. This is where a divorce lawyer can be of great assistance to offer you custody advice and to highlight your child custody rights under custody law that will assist you in making your application.
Upon receiving your application, the Court will consider the facts presented by you and apply the law to determine whether:
- The alleged contravention did not occur,
- The contravention did occur but there was a reasonable and justifiable excuse;
- The contravention did not have a reasonable excuse however, it was not so severe in nature; or
- The contravention was severe and did not have a reasonable and justifiable excuse.
Our specialist family law team can assist and advise you in relation to your parenting order. Our Accredited Family Law Specialists are able to look at the circumstances of your custody law matter and provide advice as to your child custody rights and entitlements.
Speak to one of them today.
Click here for more information on Parenting and Custody Disputes.
For advice about parenting orders contact us on 1800 300 170 or email us at familylaw@matthewsfolbigg.com.au
