Sometimes, a mother not complying with court orders has the unrealistic view that they can get away with not complying with court orders because they have been awarded primary custody of the children or the simple fact they are the mother. This is, however, not the case.
This article will discuss the ramifications involved regarding the situation of a mother not complying with court orders and what course of action you can take if you are the partner who is suffering because of this.
Fathers Vs Mother Not Complying With Court Orders
Whether it is the mother or the father, it does not matter in the eyes of the law. Refusing to comply with court orders is a highly serious breach, which can attract substantial consequences.
A common misconception amongst divorced or separated fathers is that the courts always look favourably upon the mothers and that there is no point in pursuing matters against the mother because the court will always side with them. While this may have been somewhat true once upon a time, it is simply not the case in modern times.
Accordingly, the fact remains that the court legally requires each parent to comply with court orders. The only exceptions to this are a reasonable excuse, an agreement to vary, or until the court alters the orders.
My Children’s Mother Is Not Complying With Court Orders
Commonly, issues centred on non-compliance with parenting orders related to failures to attend events required and more minor problems that can add up. Such smaller issues include always arriving late or early to changeovers can cause inconvenience when you have other commitments and limit your time with your children in other instances.
Here are the most common examples of breaches of parenting orders:
- Not complying with anything at all in the parenting orders (no matter how minute)
- A reasonable attempt is not made to comply with the order – this means the parent had to genuinely try their best and do everything in their power to comply with the order
- Intentionally preventing compliance with the order by a person who is bound by the order
- Aiding or abetting an infringement of the order by a person who is bound by the order
The Consequences Of a Mother Not Complying With Court Orders
If the mother ignores the court orders, there are multiple penalties to punish them for their infringement. Accordingly, the court may impose some severe consequences on the mother depending on the gravity of the violation, such as a good behaviour bond, hefty monetary fines, community service and even imprisonment.
Is There A Reasonable Excuse By The Mother for The Breach?
In some instances, there are acceptable circumstances for the mother not complying with court orders. For these circumstances to be sufficient, it must be a ‘reasonable excuse’ in the eyes of the court.
Such reasonable excuses include:
- When the offending party genuinely did not comprehend or understand the obligations imposed by the order.
- The offending party held the honest belief that it was necessary to breach the order to protect the health or safety of their child, themselves or another party.
If any of these situations apply to you, legal advice should be sought to clarify whether you desire the orders to be varied before you have to breach them.
Current Orders Are No Longer Practical
In some situations, the mother not complying with court orders are not because they refuse to comply, but rather because the orders may no longer reflect your circumstances and be practical to follow. Even though this may be the case, it is always the better approach to try and resolve any issues with the mother informally before pursuing legal action, which can be costly and cause unnecessary conflict.
A mediation session with a neutral third party such as a family lawyer mediator would be ideal for this discussion.
Difference of Opinion on What the Orders mean
In this situation, sometimes both parents will have a completely different perception of the actual meaning of the court orders. Although this situation is uncommon when it does arise, it can cause tremendous conflict amongst both parents, which unfortunately impacts the children of the relationship.
In such a predicament, it is highly recommended for the parents to see out a neutral third party family lawyer to assist in clarifying the interpretation of the orders.
What Action Can I Take If My Children’s Mother is Not Complying With Court Orders?
If your children’s mother is not complying with court orders to your detriment, you should consider filing an application to the court stating just that. Accordingly, the court may penalise the mother for their breach.
This application for a breach of a parenting order may be put forward in the following way:
Firstly, you must file a contravention application. However, it should be noted that this application will require a supporting affidavit.
Second, a certificate from a registered family dispute resolution practitioner is also required. Alternatively, an ‘Affidavit – Non-Filing of Family Dispute Resolution Certificate’ is also adequate for the same purpose.
Importance of Seeking Legal Advice
It is important to note when a mother is not complying with court orders to be aware of your legal rights typically dictated by court-ordered parenting arrangements and to pursue legal action if they are unreasonable and unwilling to compromise.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way. With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
More Articles
If you have any more questions about a ‘mother not complying with court orders or any other family law related matters, head on over to our blog section for more informative articles on a wide range of family law topics.
Alternatively, here are our newest articles linked below:
What Does a Prenup Agreement Cost?
