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If a father or mother breaches a custody / final orders agreement / how

Custody agreement Many times can they break it before a judge will re asset it


Answers (2)

That is not correct. If it is breached even one time you file a Application - Contraventionin the Federal Circuit Court. Make sure your evidence is well detailed and consider the repercussions.

Google the form and it comes up should be very easy to use for someone with no legal experience. I have had clients do it themselves.

Put them on notice first that if the order is not followed you will apply to court or just do it DEPENDING on how much evidence you hold and if you can prove beyond reasonable doubt it was a breach without reasonable excuse.

From federal court website:

You use it if you want to seek an order from the Court imposing a punishment or another consequence on a person for the breach of a Court order.

It is used for an application alleging a breach of a parenting order under Division 13A of Part VII of the Family Law Act 1975, or an order not affecting children, for example a property order under Part XIII of the Family Law Act 1975.

Before filing an Application - Contravention, you should consider the result that you want to achieve. The remedies available from the Court range from the enforcement of an order to the punishment of a person for failure to obey an order. For example, the court may make an order that:

1. ensures the resumption of the arrangements set out in an earlier order;
2. compensates a person for lost contact time;
3. varies an existing order;
4. puts a person on notice that if the person does not comply with an order, the person will be punished;
or punishes a person by way of a fine or imprisonment.

If you don't actually want the other party punished (eg. fined or imprisoned) for the breach but rather want a speedy remedy to ensure the resumption of the arrangements set out in an earlier order, you may be able to file an Application in a Case rather than an Application - Contravention.

You should seek legal advice before filing an Application - Contravention.

 Further to my above comment a judge won't just change the order unless you pass the Rice v Asplund test. Which is a case the court uses as a guide to gauge there is enough change or circumstances to actually warrant a change in the orders. This is hard to do.
helpful (3) 

During covid or anytime a parent has genuine concerns for safety they can refuse access. Like wise if a child doesnt wish to go you shouldnt force them orders or not. The long term impacts and I speak from experience are damaging.

 Speaking from a legal aspect concerns must be able to be substantiated and must be serious in nature I.e sexual abuse, assault threat to life etc... The federal court has made it clear COVID is not a reason to withhold unless a parent is positive and only then during the positive period thereafter there is no excuse. I only just represented a case regarding this with covid as an excuse and I have done many where ”concerns” have been raised. That excuse doesn't fly often and without extensive evidence.
helpful (2) 
 Yes, definitely commenter I tried to use marijuana usage and no license by my ex as an excuse and the Judge told me it wasn't a good enough excuse.
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 Threat to life means zip judges still award access to the fathers regardless of criminal and history of DV its wrong
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 No, they do not. I've been a lawyer for 12 years specializing in family and DV. If you can prove and show evidence and not just hearsay and opinion then a judge will absolutely not do that. They will not endanger children. If this has happened to you then you didn't show clear evidence or have a good lawyer as they should have subpoenaed the police for the record and referenced it with all other evidence.
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 My Domestic Violence Was Taken Into Account. Not Because He Ever Hit The Kids But Because They Witnessed Me Being Hit And The Judge Viewed His Whole Criminal Record When I Got It And Presented To The Court So They Do Listen To It.
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