Author

Alan Weiss

16th March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.

How does a Parenting Order Contravened and the Remedies in such case

Family Dispute Resolution, or otherwise known as Mediation, is one of the alternative modes in reaching an agreement in settling family based disputes.

There are a lot of Community Based Family Dispute Resolutions that can provide the necessary information and assistance to those families who wish to work out their indifference.

This is the most preferred method to resolve family dispute since it is financially cheaper, expeditious and a harmonious relationship can still be maintained after the whole process.

While the Family Dispute Resolution offers the best way to settle family issues, not all families can amicably agree in its proceedings. Reasons vary according to the case and the parties involved but the common denominator is that there is a failure to reach the said settlement due to the unyielding stand of each party.

In any case, parties may apply to the court for a parenting order in order to reach a resolution of their family dispute. The Court will provide the assistance as well as the guidelines on how the parties can ventilate their issues. After due hearing and presentation of evidence and witnesses, the Court may decide on the matter and issue the appropriate Parenting Order.

The Parenting Order may be breached or contravened under any of the following circumstances:

  • Fails to comply with the order with full intention;
  • Makes no reasonable attempt to comply with the Parenting Order;
  • Intentionally prevents another person who is bound by the said order to comply with it;
  • Assists, aids, or supports another person who is bound by the order to contravene the same.

In view of the above cases, a party may file for a contravention application against another in case the latter breached the parenting order legally issued by the Court. The Court must decide any of the following:

  • The Alleged Contravention was not sufficiently established;
  • The Alleged Contravention was established however there is a reasonable and valid excuse for it;
  • The Contravention was less serious without any reasonable excuse; or
  • The Contravention was more serious without any reasonable excuse.

In case the Court finds that the Parenting Order was breached without reasonable excuse, it may impose an appropriate penalty.

We disagree about arrangements for the children

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