Parental responsibility is not something to be taken lightly, as this is, of course, a long-term commitment that will typically come with financial consequences. While each parent has a certain amount of responsibility in this situation, some will find it difficult to comply, especially when a marriage has broken down irretrievably. Parenting orders may be necessary for such a situation, but what can you do if the other party fails to adhere to these orders?

Planning for the Future

If it is impossible to save a marriage, it's best if the two parents can agree informally on a path forward. They will then share the responsibility of bringing up the children, so they spend an equal amount of time with each adult. If it is tough for the parents to see eye to eye, a court may issue parenting orders. These will outline exactly what needs to happen going forward, and each parent is legally obliged to follow the orders as written.

Reasonable Excuse

If somebody does not adhere to the orders, the courts can act. First, they determine whether they had a "reasonable excuse" for not following the order, according to guidelines laid down in the Family Law Act of 1975. Generally, they'll only consider it reasonable if the person did not fully understand the obligations of the order. Alternatively, their behaviour may be acceptable if they felt it was necessary to breach the order so that they could protect one of the parties involved.

Sometimes, one of the parents will try to interfere with the arrangement so that the child spends less time with the other adult. Or, they may misbehave when the child is in their care, perhaps by drinking excessively and creating a bad impression in front of the youngster.

Penalties for a Breach

If you find yourself in a situation like this and are the other parent involved, you can apply to the court for sanction. You can make an application and provide evidence to support your case, and the court will consider whether the other party breached the parenting order in question.

If they did, and without a reasonable excuse, the court can order them to participate and, in the worst-case scenario, can also insist that they pay your expenses or legal costs. If they continue to disobey, a court can issue a hefty fine or even a jail term.

What You Should Do

If you suspect that your ex-spouse is disobeying a parenting order, then you should consult with a family lawyer as soon as possible. They will advise you what to do next and may help you to draw up documents to present to the court. For more information about family law, contact a local family lawyer.