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Andrew Turner info

Andrew Turner

Senior Associate Family Law

My child does not want to spend time with their Mum or Dad - what do I do?

If your existing parenting orders are no longer working or circumstances have changed and you can no longer comply with them, it is important to seek legal advice as early as possible, as your future position may turn on how quickly you act.

If you breach family law orders, the court may enforce the existing orders, compensate the other parent for lost time with a child, vary the existing orders or punish you by way of a fine or a term of imprisonment.

The court will consider whether or not there was any reasonable excuse for any breach, for example, if a child's time with their parent was not facilitated for safety reasons or health reasons, this may be a reasonable excuse.

Where family court orders are not being complied with there are several options, including a Recovery Order application, Contravention application or applying for new orders altogether. The best approach will depend on your individual circumstances and urgent action may be taken if appropriate.

If you require advice in relation to compliance with your family law court orders, please contact BJT Legal on (03) 5333 8840 or familylaw@bjtlegal.com.au


Please note that this is general information only and is not to be relied upon as legal advice.