Not complying with a parenting order can have serious consequences
Not complying with court ordered parenting arrangements can have severe consequences, including jail time. Be aware of what could happen.
The court generally doesn’t look at applications that are considered “petty or unwarranted”, for example a minor or trivial breach of parenting orders, or if there’s a reasonable excuse for the breach.
However, there are some cases where the court takes a strong approach.
In a recent case, the mother had a history of breaching parenting orders and had been to court for contravening orders 10 times.
The mother was put on two bonds, for six months and two years respectively, and was also given a 14 day imprisonment term, which was suspended.
She then breached the parenting orders again, by:
- Not facilitating time between the child and the father as specified in the orders
- Failing to meet or call a court appointed expert in relation to the parenting orders
- Failing to facilitate the child meeting or calling the court appointed expert
The mother claimed there was a reasonable excuse for not organising the child to have time with the father, but this was not established in court.
Given the mother’s history of breaching parenting orders, and the fact the mother had again breached the orders while on a bond, the court decided these contraventions were serious.
The second and third contraventions also meant a trial was delayed.
The mother admitted that she did not facilitate time between the child and the father, resulting in the first contravention and the court found the only way to “drive compliance with the orders” was enforce the mother’s jail time.
The judge noted “the suspension of previous terms of imprisonment was the last hope of compliance without incarcerating the mother … it was a hope that was misplaced”. And also, “it is contrary to the child’s best interest for the mother to be non-compliant with the orders of the court”.
As a result, the mother was imprisoned for 14 days.
In relation to the second and third breaches, the mother said she tried to meet or call with the court appointed expert but “the call did not come through”. The court accepted her explanation, but she was placed on another bond for two years and a further 14 day term of imprisonment that was suspended.
It’s clear to see that courts do not take breaching parenting orders lightly and continually breaking court orders can end with jail time.
If you have questions about court orders, parenting and custody arrangements, or any other aspect of family law, contact Michael Lynch Family Lawyers on: (07) 3221 4300 or email: [email protected]
