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Enforcing Final Parenting Orders: Understanding Your Options and Consequences
We are often asked by parents in situations where their children have not been returned to them following a scheduled visit about their options moving forward and what kind of services they can expect from a family lawyer to help return their children home safely.
Understanding Final Parenting Orders
It’s important to understand that your final parenting orders are made final for a reason. If you turn to the back of those orders, you’ll find helpful guidance from the court regarding the negative consequences that can arise if a court determines that one of the parents has not complied with those orders without a ‘reasonable excuse.’
Potential Consequences of Non-Compliance
The consequences for failing to comply can vary significantly, ranging from a simple warning to, in very extreme cases, terms of imprisonment of up to one year. The most common outcome we see if you are successful in filing a contravention application is that your former partner may be ordered to pay some or most of your legal costs incurred in filing that application.
Court’s Role in Determining Consequences
The court is fully prepared to consider financial consequences for a non-complying or contravening party as a deterrent to prevent future non-compliance with your final parenting orders. The decision regarding the severity of the consequences is ultimately made by the court, which will take into account the seriousness of the breach, the number of breaches that occur, and what it considers to be a proportionate deterrent.
For more family law advice like this, don’t hesitate to give Genuine Legal a call on 0721134645 and request a consultation with one of our Solicitors.
For more family law advice like this, don’t hesitate to give Genuine Legal a call on 0721134645 and request a consultation with one of our Solicitors.
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