Final Parenting Orders – What Happens Next?

Adjusting to Final Parenting Orders can be a complex journey for parents who have just completed litigation. As families adapt to these new arrangements, it’s vital to understand how the orders work in practice.

Understanding and complying with the orders is crucial, yet disagreements over their interpretation or implementation are not uncommon. When disputes arise, it’s important to know that there are alternatives to litigation available for resolution. Opting for these alternatives can help avoid the financial and emotional strains that come with further litigation.

Your Final Parenting Orders are likely to contain provisions for how you and the other parent will communicate and how any disputes regarding the implementation or interpretation of the orders will be resolved. It is, therefore, extremely important that you review and consider the orders in their entirety.

1. Communicate with the other parent

As the first step, and where it is safe to do so, you should try to communicate with the other party about any issues and how they can be resolved.

If you are experiencing difficulty communicating with the other parent, you should consider engaging a Parenting Coordinator. Parenting Coordinators are experienced practitioners who have undergone training to assist parents on an ongoing basis with conflict management and communication as they navigate and implement the Final Parenting Orders.

2. Mediation

Another option is to invite the other parent to attend a mediation. This can be between yourselves and a Family Dispute Resolution Practitioner, or a solicitor-assisted mediation. If you are able to come to an agreement, parents are able to make amendments or changes to the Final Parenting Orders without returning to Court.

3. Contravention Proceedings in the Federal Circuit and Family Court of Australia

Where the above options have been unsuccessful, or you consider that there has been a contravention or “breach” of the Final Parenting Orders, it may be appropriate to consider commencing proceedings in the Federal Circuit and Family Court of Australia. However, this step should not be taken lightly given the financial and emotional impact of litigation, particularly for children.

Contravention proceedings are heard in the National Contravention List. To establish a contravention, you will be required to prove that the other parent has intentionally failed to comply with the order or that they have made no reasonable attempt to comply.

The other parent may assert that they have “reasonable excuse” for contravening the order. “Reasonable excuse” is defined in the Family Law Act 1975 (Cth) and therefore may have a different meaning to what others would interpret, and you should carefully consider this definition and whether it applies to any of the alleged contraventions. Pursuant to section 70NAD a reasonable excuse may be established: 

1. Where the person did not understand obligations under the Final Parenting Orders; or

2. If the alleged contravention was necessary for the protection of health or safety of a person. 

The standard of proof in these matters is proof on the balance of probabilities.

In the event that a contravention is established, without a reasonable excuse, the Court may make any of the following orders pursuant to section 70NBF(1) of the Family Law Act 1975 (Cth) which require the contravening parent to:

1. Enter into a bond;

2. Pay a fine;

3. Serve a term of imprisonment.

In making an order pursuant to the above, the Court must take into consideration the following: 

1. The likely effects of making an order on the child or another person; 

2. the seriousness of the contravention.  

In addition to this, when considering the seriousness of the contravention, the Court must take into consideration the following: 

1. Whether the court has previously found that there has been a contravention without a reasonable excuse; 

2. whether the respondent has behaved in a way that showed a serious disregard of their obligations under the parenting orders; 

3. the behaviour of any person with whom the child is to live with or spend time with pursuant to the orders.  

If it is determined that the matter requires a Final Hearing, the application is listed for hearing before either a Judge or Senior Judicial Registrar.  The Federal Circuit and Family Court of Australia (Family Law) Rules 2021  provide for the procedure followed at a hearing of these matters.

How can Purcell Taylor Lawyers help?

If you have any questions about your Final Parenting Orders or are experiencing difficulties in resolving disputes about your children, please contact office to arrange an initial consultation with one of our experienced family lawyers.