When You Break A Court Order Regarding Child Custody, What Happens?

July 4, 2024    Family Lawyers Perth
When You Break A Court Order Regarding Child Custody, What Happens?

Child custody agreements are put in place to provide stability and clarity to the minors. But what happens when those contracts get broken? This blog delves into the potential consequences of breaching such agreements in Australia.

We will discuss the concept and what to do in such scenarios. We will also learn how the best family lawyers in Perth can help during such conditions. So, let’s continue reading to gain some valuable insights.

What is child custody?

If the guardians of a minor are getting divorced, they may apply for this in a court of law. In Australia, the law presumes that it is in the child’s best interest that each parent has a shared responsibility to take care of the child. However, there is no requirement for the kid to spend equal time with each guardian. The parents have to consider what is best for their child. They can work out an arrangement themselves, or the court may assist them in making a decision.

While following this order, a number of complications may arise. For example,

  • The child may not want to visit their other parents.
  • Another parent of the minor may not want to see them.
  • The arrangements made in the court are not working.

In these situations, you can appeal to the judge to get a new consent order or make a new parenting plan. The child support lawyers in Perth can help you out to get a new order.

What happens when a court order is broken?

In such cases, the jurisdiction has the power to deal with individuals who breach parenting orders.

  • The judge can change an existing parenting order. For instance, they can compensate the other parent for the time lost with the children.
  • They can order for a make-up time.
  • The court of law can suspend an existing parenting order.
  • Apart from this, they can also order a parent to participate in programs run by counselling services. Taking up such assistance can help them to focus on their children’s needs.
  • If the court finds that a person has breached the laws without a reasonable excuse, they can impose a fine.
  • Apart from the fine, the judicial system of Australia can also sentence a parent to jail.

If you think that you have breached a court order regarding child custody, you can seek support from family lawyers in Perth.

Shall I seek legal assistance?

You may require such help if:

  • You or your child are at risk.
  • The other guardian has not returned your child.
  • You have been accused of breaking a court order.
  • If your co-parent wants to move further away to an area where spending time with your child can become difficult.
  • The court orders are not working for you, and you want to change them. In such situations, child custody lawyers in Perth can help you.
  • You are sceptical about the whereabouts of the other parent. You doubt that they will not keep your child safe.
  • Such orders are also breached when you or your co-parent hinder the child from living with someone. Apart from this, the judgment is also broken when the kid is barred from communicating or spending time with someone.

How can lawyers in Australia help you?

In this country, legal representatives can help you negotiate to get child support. They can assist you in bringing up the case if a breach has happened to the court orders. They can resolve any issue regarding misleading accusations and prove that you are not guilty of the breach. If you are not able to attend the court during your summon, Family Law Solicitors Perth can represent you.

Apart from legal advice, you can seek help from family relationship centres. They provide information and resolve disputes among parents after separation. Additionally, the Department of Child Safety can investigate reports of harm against minors. Other professionals like counsellors and the Australian police can help you or your children in such a crisis.

Ending notes

Breaking a child custody order is a serious matter and can have severe consequences, which we have discussed in this blog. If you are facing challenges in following the court, you can seek advice from child support lawyers in Perth. Family lawyers in Australia can guide you through the legal rights and obligations you need to follow.

They will assist you in finding a counsellor and represent you in court if necessary. To receive the best support, you must find a lawyer experienced in cases like yours. So do not let this stress you out, and secure your path with a skilled lawyer.

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