Serious couple is listening to their family doctor, concentrated and anxious, sex, pregnancy, cheating, mistrust domestic problems concept

What happens with my Parenting Orders during COVID-19?

There are a significant number of people in Australia that have confirmed arrangements for separated parents to spend time with children according to Consent Orders. Those Consent Orders are enforceable, and if Court Orders are not followed, then it remains open to an aggrieved person to bring a Contravention Application before the Court. The purpose of that Contravention Application can vary – it could be to ask for make up time; to ask that the contravening party be placed on a Bond, or to suggest that the contravening party should undertake, for example, a post-separation parenting or anger management course.

However, there is a defence to Contravention Applications and that relates to whether the person has a reasonable excuse for contravening those Orders. In a society that is dealing with a global pandemic, what does a “reasonable excuse” look like?

It may well be that the Order that provides for time with one parent will not be followed because the other parent believes that the children will be at risk of contracting an illness. Perhaps Orders will fall apart because they provide for school as a changeover location, when the children are now not attending school.  Orders could be contravened because they provide for equal shared parental responsibility, which one parent fails to exercise in determining medical treatment for a child. Parents may live in different states, and travel may not be possible, or may be opposed by one parent.

Do contraventions of this type amount to a reasonable excuse? In short, we do not know yet. The question may be entirely academic, in circumstances where only urgent matters are being dealt with before the Court in any meaningful way. If it is what I would refer to as a “minor” contravention of Orders (such as, for example, a child not being made available for a telephone call on one occasion) I do not believe that the Court will deal with it. If it relates to a child being withheld from a parent, then it may be urgent, but even I do not know at this stage what urgent actually means in terms of when the Court will actually deal with the matter.

For that reason, when things of this nature happen, it is imperative that they are dealt with urgently. To enable that, it is crucial that parties obtain the advice of an Accredited Specialist in family law. Situations such as these could end up being in place for months at a time, so it is extraordinarily important that they are actioned both competently and quickly.

If you are in a situation whereby you do not know whether an Order is being contravened with a reasonable excuse or have otherwise been prevented from spending time with your time or children, please do not hesitate to get in touch with a member of Coleman Greig’s Family Law team or one of Coleman Greig’s Accredited Specialists today, who would be more than happy to assist you.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

The business impacts from the Government’s new cyber security laws

Cybercrime ‘is a multibillion-dollar industry that threatens the wellbeing and security of every Australian’. In an effort to combat the impact on businesses and individuals, the Australian Government has introduced cyber security legislative reforms into the Parliament.

A guide to intrafamily adoption

Adoption is the process where a parent’s legal rights for their child are transferred to another person. The formal adoption of a stepchild or close relative is known as intrafamily adoption.

Passenger movement and visa data-matching by the ATO

Heading overseas for work or a holiday? Taxation issues, including tax residency, should be on front of mind when departing from or arriving to Australia. Why? Because the Australian Taxation Office (ATO) can follow your footprints and, if you’re not careful, spring unexpected taxes on you.

Is it really necessary for my executor to have so many powers?

People often question why the executor of their estate needs to have so many powers. Simply put – if your executor isn’t given any additional powers by your Will, then they are limited to what is set out in the Trustee Act. One area that this can lead to issues in, is the family home – particularly if beneficiaries aren’t in agreement.

Essential terms of a commercial lease

A commercial lease is a contract that details the rights and obligations of a tenant and landlord. So, what are the necessary terms of a commercial lease?

Responding to data breaches

In the final part of our four-part series on your business’ responsibilities related to cyber attacks and data breaches, Special Counsel John Bennett how businesses should respond to data breaches, including application and requirements of the Notifiable Data Breaches Scheme.

Security of personal information

Part 3 of a four-part series on your business’ responsibilities related to cyber attacks and data breaches where Special Counsel, John Bennett provides an overview of some court decisions and proceedings where ‘security’ of personal information has come into issue.

Parental alienation in Family Law

The concept, Parental Alienation Syndrome, was initially brought about by American psychiatrist Richard Gardner in 1985. The term parental alienation is used to describe a situation where one parent is involved in psychologically manipulating their child to turn against the other parent.

Are you liable for labour hire workers if they are injured?

Many employers (host employers) engage employees of labour hire companies, particularly in the building and construction, hospitality and manufacturing industries. However, what happens when one of these employees gets injured at the host employer’s work site? Who is liable for the injuries?

The risks with cyber attacks and data breaches

Part 1 of a four-part series on your business’ responsibilities related to cyber attacks and data breaches. Cyber attacks and data breaches are the top business risk in Australia according to Aon’s 2023 Global Risk Management Survey.

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230