So I’ve got a Court Order about Parenting, but the other party is not complying – now what?
A parenting Order is legally binding and there can be consequences for failing to comply with the Orders.
Whilst this is the case, what parents sometime do not understand is that it is left entirely up to them to enforce their Orders before the Court. After all, if you do not insist on the other parent (reasonably) complying – your Court Order is just a piece of paper!
The Court can order penalties and consequences can result if a person is found to have breached (‘contravened’) a Court Order, but this only happens when a parent brings an Application before the Court.
In reality what this means is that even if you have endured lengthy, stressful and expensive Court proceedings and finally obtained Orders to spend time with your child or children, if the other parent does not abide by the Orders, you need to consider going back to Court. At Perth Family Lawyers, we recommend that you obtain legal advice even at the early stages, if you experience difficulties with the other parent complying with the Orders.
Having to go back to Court again can be almost an unbearable thought for parents, who often have been left emotionally exhausted after being involved in Court proceedings with the other parent, not to mention, the financial impact also.
At Perth Family Lawyers, we can assist you in relation to having your Orders complied with, and achieving Court Orders initially that are clear and provide for certainty, with minimal room for confusion or conflict. We can also assist you with correspondence to the other party, setting out your concerns, and putting that parent on notice that breaches of the Orders will not be tolerated by you, this correspondence can be of assistance later if an Application is required to be made to the Court either for enforcement of your Orders, or to seek that the other parent be penalized for contravening your Orders.
These are serious matters. You should speak with a solicitor at Perth Family Lawyers if you are experiencing difficulties in complying with your Court Orders, or having the other parent comply. Why not call us today on (08) 9325 8675 or email us via our Contact Page and arrange an interview with one of our professional staff.