What happens if Final Parenting Orders made by the Family Court are not working for you

When Court proceedings for parenting matters are finalized, and the parenting arrangements have been set out in the sealed court orders, you may feel several different emotions, including relief, happiness and/or sorrow.

The Orders, which are made by the Court and agreed upon by the parents, will continue to apply until the children/child is 18 years old. However, if either parent decides to seek Orders different from those which have been set out by the Court, any variations may be made by consent.

At the time when the final parenting orders are being made, the Court agrees that the Minute of Consent Order file sets our parenting arrangements in the best interests of the children/child. If the Orders were made by consent, though, both parties to the proceedings can appeal the decision. If the matter is decided by a way of judgment, it’s less likely the Orders will be varied unless there is/was a considerable change in circumstances, such as an enforcement hearing or contravention.

If either party fails to comply with the Orders, it can result in increased legal fees if contravention proceedings are commenced. Moreover, it’s also likely the court will impose penalties for contravention of the Orders. Since there is always the possibility of Court proceedings in the future, any issues with regards to compliance of the Orders must be noted by either party in the event the matter is taken to the Court in the future.

When it comes to the enforceability of the arrangements, it all comes down to your readiness to stand by them. Keep in mind there is little point to have Orders according to your situation if you agree to the demands of the other side when they seek alterations in the parenting arrangements. By this, we do not mean you should purposely be inflexible. However, we should consider whether or not each potential proposal made by the other side is appropriate. If you ignore this, and shy away from saying no to a proposal you think is unsuitable, there is little point in having Orders to assist your situation.

Once you do receive the final Court orders, though, it is hoped that either party does not find themselves again in Court in order to settle the dispute.



Alan Weiss - Aussie Divorce

31st 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.