Parenting Orders Breach

The court has issued orders to you about the children but the other parent isn’t complying. What do you do?

Consider what a contravention might achieve? If you apply to the court for a contravention order, the court’s aim is to resume what was ordered, not to punish the other parent or get you more time with the children.

  1. Document the breach. Which clause of the orders has the other parent breached? Write down dates, times, what you did to try and prevent or remedy the breach and what the other parent did in response to you asking them to remedy the breach.
  2. Write a letter to the other parent about the breach. Remind them you have orders and what the orders say about this particular breach eg, “We have orders made on June 2019 and clause 4 says you will drop off the children on Sundays at McDonald’s in our suburb at 11am. I went to McDonald’s at 11am and waited until 11.30am but the children were not there. I am due to have the children with me next Sunday, too. If you do not make the children available to spend time with me, I am putting you on notice that I will start contravention proceedings against you. I will rely on this letter in support of my case.” Sign and date the letter then send it to the usual address you use to contact the other parent.
  3. Attempt mediation unless there’s an exception in your case. call Tess on 0448 837372 to discuss your situation.
  4. You may wish to complete the “Application – Contravention ” form on the Family Court website.
  5. You will need to write an affidavit to accompany your application. Argyll can assist you to write an affidavit unless you have been a mediation client.