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Mother Not Complying With Court Order

mother not complying court order | Justice Family Lawyers

When a mother does not comply with a child custody order, it can have serious consequences. She may be held in contravention of court orders, which can result in fines, imprisonment, or both.

Sometimes, the court may even revoke the child custody order altogether.

If you are concerned that your child’s mother is not complying with a child custody order, it is crucial to take action. You can document all instances of non-compliance and resolve the issue informally. If that is not possible, you may need to take legal action with a child custody lawyer.

This article will discuss more about non-compliance with court orders and their implications.

Consequences if a Mother Doesn’t Comply with a Court Order in Australia

The consequences of a mother not complying with a court order depend on the case’s circumstances. However, some of the possible outcomes include:

  • Fines: The court may impose a fine on the mother for failing to comply with the order. The amount of the penalty will depend on the severity of the breach.
  • Parenting Course: The court may force the mother to attend a parenting course.
  • Imprisonment: The court may order the mother to be imprisoned for failing to comply with the order. The length of the imprisonment will depend on the severity of the breach. This is a drastic step that is used in rare circumstances.
  • Variation of the order: The court may vary the order to make it more enforceable. This could include, for example, requiring the mother to pay a bond or to provide security for compliance with the order.
  • Revocation of the order: In some cases, the court may revoke the order altogether. This means the mother would no longer have any legal obligations under the order.

If you are concerned that a mother is not complying with a court order, you should speak to a lawyer. A lawyer can advise you on your legal options and help enforce the order.

Also read: Helpful Things to Know About a Recovery Order

What is the Significance of Court Orders in Australian Family Law?

The significance of court orders in Australian family law cannot be overstated. Court orders provide a way to resolve disputes between parents fairly and equitably, and they help to ensure that the best interests of their children are met.

Here are some additional points about the significance of court orders in Australian family law:

  • A judge makes court orders after considering all relevant evidence and arguments. This means that court orders are considered the most authoritative and reliable way to resolve family law disputes.
  • Court orders are enforceable by the courts. If a parent fails to comply with a court order, the other parent can apply to the court for enforcement.
  • Court orders can be varied or revoked by the courts. This means that if there are changes in circumstances, the court can review the order and make changes as needed.

Steps of the Law if a Mother is Not Complying With Court Order

The Australian legal system responds to non-compliance in child custody cases by taking several steps, including:

  • Issuing a warning to the non-compliant parent. This is the first step that the court will usually take. The notice will explain the consequences of further non-compliance, such as fines or imprisonment.
  • Imposing a fine on the non-compliant parent. This is a more serious measure than a warning, and the fine amount will depend on the severity of the breach.
  • Ordering the non-compliant parent to attend parenting classes. This is a way of helping the parent understand their obligations under the court order and learn how to parent their child better.
  • Revoking the child custody order. This is the most serious measure that the court can take, and it means that the non-compliant parent will no longer have any legal rights to see their child.

Here are some additional points about how the Australian legal system responds to non-compliance in child custody cases:

  • The court’s response will protect the child’s best interests. The court will always consider what is in the child’s best interests when deciding how to respond to non-compliance.
  • The court may also consider the parent’s ability to pay a fine or serve a prison sentence.

I’m Dealing with a Non-compliant Mother: What Steps Should I Take According to Australian Law?

If you’re dealing with a non-compliant mother, there are a few steps you can take, according to Australian law:

  1. Document everything. This includes keeping a record of all communication with the mother and any instances of non-compliance. This will be substantial evidence if you need to take legal action.
  2. Try to resolve the issue informally. This could involve talking to the mother directly or mediation with a neutral third party. If you can determine the matter informally, it will save you time and money in the long run.
  3. If you can’t resolve the issue informally, you may need to take legal action. This could involve applying to the court for an order to enforce the child custody order and a contravention application.  

Resolving a Case of Mother’s Non-Compliance with Court Orders

A client approached us when his ex-partner, the mother of their children, persistently disregarded a court order regarding child custody arrangements. The client was being denied their rightful parenting time, causing emotional distress for them and their children.

We filed a motion with the court to hold the mother in contravention of the court orders. The court granted our motion and ordered her to pay a fine and attend parenting classes.

The mother complied with the court’s order and began to return the children to their father on time. She also started to attend parenting classes. As a result of our help, both parents could avoid further legal action and maintain their relationship with their children.

Need Help with Non-Compliance with Court Orders?

Dealing with a situation where court orders are not being followed can be stressful and emotionally draining.

Our experienced team specialises in family law disputes and court order enforcement. Need help navigating this complex journey. Contact us today to learn how we can restore order and fairness in your family life.

6 thoughts on “Mother Not Complying With Court Order”

  1. Hi I’m Dealing with a Non-compliant Mother: she has breached family court orders. I’ve had lawyers but, nothing’s been done. My 2 daughters are 6yrs old and 8yr old. It’s been 2 years since I’ve seen them.
    Please can you help. What Steps Should I Take According to Australian Law?

    1. Hi, you may have grounds to apply to the court for an order to enforce the child custody order and a contravention application. We would recommend contacting our office directly to better understand your situation and advise you on the best steps moving forward.

  2. Hi

    My sons ex has failed to return his daughter despite court orders that state she is to live with us and is refusing to allow either of us to talk to her. This has occurred just prior to Xmas. We have a recovery order in the works but don’t know how long it will take . She is a ķnown addict and has failed take drug tests as directed tried to bring her into contact with a man banned by the court orders. She has also been involved with child protection over the way she treats her son. The police won’t do a thing unless we can prove she’s in danger.

  3. My ex has visitation rights by court order to see our daughter she doesn’t comply with these orders. Is it possible for me to apply for full custody??

    1. Yes, if your ex is not complying with court-ordered visitation rights, you can apply to the court for a variation of the current orders, including seeking full custody. The court’s decision will be based on their consideration of the child’s best interests. It is important to document any instances of non-compliance and consult with a family lawyer to understand the best course of action and to ensure your application is properly prepared.

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