When orders are broken
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What happens when parenting orders are broken?
If you break a court order it is very serious. It is also serious if you help someone else break an order, or stop them from doing what the order tells them to do.
If the other person takes you to court for breaking orders, the court will make an order against you, unless you have a reasonable excuse. Reasonable excuse has a special meaning under the Family Law Act.
You have a reasonable excuse if you contravened (broke) the order because:
- you believed you had to, to protect someone's health or safety
- you did not understand that you were breaking the order at the time.
If you are accused of breaking a court order in any way or the court says that you have broken an order, get legal advice.
What happens if my child has been spending time with me and I don't return them to the other parent?
If you keep the child longer than agreed or specified in court orders, the other parent may apply to court for a recovery order for the return of the child. If you have concerns about the child's safety if returned to the other parent you should get legal advice.
What happens if my child is not returned from spending time with the other parent?
If your child is not returned after spending time with the other parent, you may apply to court for a recovery order. You can do this if you have existing court orders or not. Urgent orders can be made if there is risk to the child's safety. If your child is not returned, get legal advice.
What can I do if the other parent chooses not to spend time with the child?
You cannot force the other parent to spend time with or communicate with your child, even if there are parenting orders. If you want the other parent to exercise more parental responsibility you can try family counselling and dispute resolution.
What happens if I have broken the order?
If the court says that you have broken an order without a reasonable excuse it can order you to go to a parenting program run by an approved counselling service. Parenting programs are designed to help you focus on the needs of your children and sort out your disputes.
The court may also change the existing order, for example, to make up any time the other parent has lost with the children, and to change other arrangements.
If you break an order more than once, or if the court believes the parenting order is being ignored, the court can make more serious orders, such as:
- that you pay for any expenses you caused the other person, for example travel costs
- that you pay some or all of the other person's legal costs
- a community service order
- a bond for up to two years
- a fine up to $6600
- jail you for up to 12 months.
What should we do if our arrangement or order is no longer working?
If your court orders or arrangements for children are not working, get legal advice about how to change them. You can apply to the court for the orders to be changed or cancelled, or you can talk to the other person about making a parenting plan.
If your court order was made on or after 1 July 2006, a parenting plan made after that order will be legally enforceable in the areas where it is different from the order. An exception to this is where the court, when making that order, has included a rule that the order can't be changed that way.
Legal Aid Queensland, Family Relationship Centres or other family dispute resolution service may be able to assist you to make a parenting plan with your ex-partner.
Acknowledgement - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.