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BRITLUCHOT LAWYERS Pty Ltd | Level 1, 56 Murphy Street, Sydney NSW 2570 | A.C.N. 638 051 279 |
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Article
Obligations and consequences of parenting orders
By: Brit lawyers
Category: Divorce, Family Law
Tagged Advice, Children, Consent Orders, Divorce, Family Law, Parenting agreement, Parenting
Plan, Legal, Relationship, Separation, Parenting Orders, Family Lawyers, Breach court orders, Family violence, Child
Protection, Child abuse, Abusive parent, impact of COVID-19 on parenting orders , Section 60I Certificate, Binding financial
agreement, Bankruptcy Matter, Criminal law, common Assault, Domestic Violence, ADVO, AVO , Drug offences matter,
Murder, Court Appearances, Debt recovery, Employment Law, Corporate law, Lease agreements, Mining agreement, Heritage
agreement, Mining Law, Native Title law, Aboriginal Heritage, Right to negotiate
Who has Parental responsibility?
The Family Law Act 1975 (the Act) sets out the rights, duties, powers and liabilities of spouses and children, and
provides for enforcement of those rights and liabilities as well as the dissolution of marriage.
It is an automatic presumption in the Family Law Act 1975 (Cth) both parent have equal shared parental responsibility
for each of their child/ren until aged 18 years and this is not affected by changes in the parents' relationship status.
Parental responsibility means all the duties, powers, responsibilities and authority which, by law, parents have in
relation their child/ren (see sections 61B to 61DB of the Family Law Act for details).
Before you apply to a court
Before you can apply to the court for parenting orders, you will need to participate a Family Dispute Resolution Conference.
The Act requires you to obtain a certificate from a registered family dispute resolution practitioner before you file an
application for a parenting orders.
What is the difference between consent orders, parenting orders and parenting plans?
If you and the other parent agree about parenting matters, you can make a parenting plan rather than apply for consent
orders. A parenting plan is a less formal way of agreeing in writing about arrangements for your child/ren. If you and your
ex-partner do not agree about arrangements for your child/ren and you apply to the court to decide, you are applying for a
parenting order.
What are parenting orders?
Parenting orders are a set of orders made by a court about parental responsibility and the living arrangements for a
child. The parties to a parenting order are legally bound to comply with it. You or the other party may enter into a parenting
plan or apply to court for consent orders. Parents should understand thar the best interests of the child is the paramount
consideration for the family court. The Family court will determine those interests based on the individual circumstances

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[reference]
Your Reference
[reference]
BRITLUCHOT LAWYERS Pty Ltd | Level 1, 56 Murphy Street, Sydney NSW 2570 | A.C.N. 638 051 279 |
www.britluchotlawyers.com.au
1300 411 044 | info@britluchotlawyers.com.au
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of the particular family. Schools are not parties to parenting orders and they are therefore not required to comply with, or
enforce, them.
Structure of parenting orders
A parenting order may deal with one or more of the following:
• child/ren primary living arrangement
• how much time the child/ren will spend with each parent or with other people
• how the child/ren will communicate with a parent they do not live with, or other people, and
• any aspect of the care, welfare or development of the child/ren e.g, medical, schooling, travelling, etc
Consequence of breach of Court Orders
When a parenting order is made, either by way of consent orders or after a hearing by the court, every person affected by
the order must comply with all of the terms of the order. If there is a breach of orders you can apply for a Contravention
Application either the Federal Circuit Court or the Family Court, depending on how complex the matter is. A
Contravention Application seeks an order from the court imposing a punishment or consequence on a person who has
breached the Court Orders.
If one parent files an application alleging the other person did not comply with the parenting order, the court may decide
that the contravention was,
1. established.
2. established but there was a reasonable excuse
3. less serious and there was no reasonable excuse, or
4. a more serious contravention without reasonable excuse.
If a parent disobeys an order multiple times or if a court finds that you have failed to comply with a parenting order without
reasonable excuse, it may impose a penalty. These include:
• vary the primary parenting order
• order you to attend a post separation parenting program.
• paying for any expenses incurred because of the breach (such as loss of airfares)
• paying some or all of the other person’s legal costs
• community service work
• entry into a bond for up to 2 years
• a fine
• a jail term
If you’re accused of breaching a court order or you think someone else is breaching a court order, you should contact us for
legal advice.
Dangers of sharing your Family Law proceedings on social media e.g. Facebook post, Instagram post, twitter etc .
It is so common that most people think that posting or venting on social media, or any media available about their separation
or family law proceeding to the public, is acceptable.
Section 121(1) of the Act imposed strict rules in place concerning the non-publication of family law proceedings.The
punishment for breaching section 121 can be as severe as imprisonment of up to 1 year. In conclusion, You should be
careful of what you put on social media during family law proceedings to prevent such information from being used against
you.

3. Our Reference
[reference]
Your Reference
[reference]
BRITLUCHOT LAWYERS Pty Ltd | Level 1, 56 Murphy Street, Sydney NSW 2570 | A.C.N. 638 051 279 |
www.britluchotlawyers.com.au
1300 411 044 | info@britluchotlawyers.com.au
‘Liability Limited by a scheme approved under Professional Standards Legislation’
The impact of COVID-19 on parenting orders
We are all experiencing uncertain and unprecedented times in the wake of the COVID-19 epidemic. Our recommendations
is to communicate with each other about complying with current orders and attempt to find a practical solution. If
communication fails then please contact can us and we can help you mediate an agreement and recommend short-term
alternate options where necessary and we will assist you with advice on your obligations and consequences of non-
compliance
Conclusion
The objects of the Act is to ensure that a parent who is entitled to spend time with their child ought to be able to do so.
Every child has the right to a meaningful relationship with both parents regardless of their marital status, and parents should
jointly share and fulfil their parental responsibilities in relation to their children. Parenting orders can be made by consent
or as a result of a contested hearing before a Judge. The consequences for breach of parenting orders can result in care for
the child.
If you or someone you know wants more information or needs help or advice, please contact us on 1300 411 04or email
info@britluchotlawyers.com.au