There can be serious consequences for a parent who contravenes a Family Court Parenting Order.
Technically, the other parent could file a Contravention Application with the Court seeking to have the other parent, in effect, “punished” and, in some circumstances, even for a change to the existing Orders.
If a party is found to have contravened an Order without a reasonable excuse, the Family Court has the power to impose a fine, good behaviour bond, community service and – in extreme cases – even imprisonment.
However, Contravention Applications – especially if lawyers are engaged – are generally reserved for the most serious of cases, given the costs involved in pursuing the matter through Court.
Further, the party who files the Application must provide clear, credible evidence in support of the alleged breaches – and where the Court is considering a penalty of imprisonment the standard of proof required is “beyond reasonable doubt” (as opposed to the less onerous “balance of probabilities”).
If a party is found to have contravened the existing Orders but has been able to establish a reasonable excuse for doing so, the Court will generally not impose a penalty.
Obviously, what constitutes a “reasonable excuse” can be wide and varied and will depend on the particular circumstances of each individual case.