In post separation process, the court can issue a parenting order, which will focus on where the child would live, how shared parental responsibility is allocated, and how the child spends time with another person. When parents receive parenting order, they are primarily expected to observe strict compliance of the same.
Parenting orders aim to reduce the conflict and minimize the emotional cost of family breakdown. When either of the parents or both parents break the conditions in the parenting order they may be held liable for contravening the parenting order. Contravention of a parenting order may be established if both couples intentionally fail or made no reason to attempt to comply with the order.
It is not unusual for some parents to break a parenting order, especially if they sturdily do not agree with it. The unrelenting desire for parents to spend time with their kids, after a marriage breakdown, is also a considerable factor why some parents would break a parenting order. Some of the contraventions that most parents commonly make against a parenting order is removing or abducting the child from the other party who is in charge of custody, hindering the child from spending time with the other parent and deterring the child from communicating with the other parent.
If the other parent alleges a contravention of the parenting plan, the court will have to establish if the offender did it intentionally or did it with the reasonable excuse. If it is proven that the offending parent contravened the parenting order with intent and without reasonable excuse he or she may be subject to community service order, compensate the offended party, pay a fine, or maybe imprisoned for at least ten years. If it is established that the parent contravened the parenting order with excusable reasons, the party may be only liable to pay the offended party with just cost.
If you are faced with allegations regarding contraventions of a parenting order or if you received a parenting order and you do not agree with its conditions, do not hesitate to contact one of our family lawyers. It should be noted that asking for concrete legal advice beforehand will offset potential offences that you may be liable for.