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Contraventions and breaches

Just because you have orders, doesn't mean you can relax

Just because you have court orders in place, don't expect that it will be smooth sailing from here on in.


You will still be kept on your toes. You will still need to keep copious records, all those emails, all those texts.


You thought you wouldn't have to buy that extra filing cabinet. Wrong. By the time you are finished, you will need an extra room. Well, maybe not. It will depend on how old the children were when you started this whole process.


If you are lucky, you will get a little breathing space, a short respite, before it all starts again. But then, if the other party is true to form, they will be back in action before the ink has dried on the court paper work, and well and truly before a whole month has gone by.


And if you are lucky, you will have already paid your solicitor. Well, at least that last instalment. Start saving again, because you will be back in court, again.


So go back to your shrink or counsellor. Pre-warned is pre-armed. Be prepared.


And above all, remember you are doing this because it is in the best interests of the children to have loving relationships with both parents. It is always about the best interests of the children.
Hi Boots. I thought the idea of final orders was to bring some sort of resolution to family matters. If court orders are not contravened why would you end up in court again. Doesn't that Rice & Asplund principle prevent that happening and protect the "lives with" parent.
Yes, but it is when the "lives with" parent that is doing the contravening, that is when you will have to be prepared to go to court again.

It doesn't have anything to do with Rice and Apslund.

And court orders are not there to protect the "lives with" parent. They are there to give some sense of order and normality and structure for the children.

There are probably plenty of people on this site who have had "final" orders in place, only to be back in the court system at some stage in the future because the "lives with" parent is not following the orders.
I just thought I would say I'm the lives with parent and follow the Orders to the letter.

I'm sure plenty of people end up back in court with contraventions. But that's a loose way to describe it. I would love to know the percentage.

I'm sure there are plenty of parents "who the child will spend time with" and they also don't folllow the Final Orders.

The point to keep in mind is that Final Orders stand! If they aren't followed then you have to lodge contraventions. Be careful contraventions could lead to an reassessment of the workability of the Final Orders. Back hand way to get around Rice ruling.
Hi Confused, it is good to hear that "at least one person" is following orders. :lol:

If your reference to the "spends time with" parent not following orders is in regards to taking that time to have the child, then yes, that is such a strange situation. If one parent doesn't hand the child over then they can be breached, but if the other parent chooses not to have the child then they can't be breached. That's an intersting concept isn't it, and just one of the anomolies in Family Law.

And exactly right. Final orders should be just that, Final Orders. Unless there is a change incircumstances. Although having seen some of the orders on austlii, I wonder what some people were thinking.

I would be interested in two studies. One around contraventions, including things like how soon it started after orders etc, and if it was brought to court, mediation, or nothing was done etc.

The other study I would like to see is with regard to the Final orders themselves. Were they followed to the letter, were subtle changes made on and agreed to by both parties, or were they just abandoned and nothing done etc.
This is scarily like my situation. We hadn't even recieved official hard copies of our orders when the 'spends time with' parent was breaching the orders. Though can it technically be called that when they suffer no consequence of said breaches?
I'd love to see some sort of law in place that can allow the 'lives with' parent more power to enforce orders. Especially if the 'spends time with' parent was the one to initiate the whole process.
Probably depends on the breach itself. If they are to provide you with information, then you could probably follow that up. But if they cose not to take the child/ren for a designated time, then that tends to not be breached.

All I can say, is keep records. If the other parent continues to not pursue their "allocated" time, then maybe you then have an opportunity to look at orders that are more reflective of the situation.
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