Hi there. There are basically three ways in which parenting arrangements can be made after separation. It is not clear how you reached your parenting arrangements. The manner in which you made your parenting arrangements will determine the consequences if one parent fails to comply.

The first way to make parenting arrangements is where both parents are able to agree on parenting and custody arrangements for their child or children. There is no need to go to Court and the parents can simply make a parenting plan. This is a written agreement that sets out the parenting arrangements for the child or children. A parenting plan is not legally enforceable. This means that, if you and your ex partner made a parenting plan without going to Court, you are not able to enforce the plan if your ex fails to comply with its terms.

The second way to make parenting arrangements is where both parents agree on parenting arrangements but want the arrangement to be legally enforceable. The parties will need to obtain consent orders approved by a Court. This is a written agreement containing the details of the parenting and financial arrangements as they relate to the child or children. A Court must be satisfied that the orders are in the best interests of the child before approving them. If you obtained consent orders in relation to your children and your ex partner is not complying with these orders, you can bring a legal action against your ex in Court. The Court may impose a penalty on your ex, depending on the seriousness of the non-compliance, and/or order them to comply with the original consent orders.

The third way in which parenting arrangements are made is where the parents are not able to reach an agreement themselves. In this situation, one or both parents will need to apply to Court to resolve the dispute. Parties are required to attend mediation before the court hearing. If the matter progresses to a hearing, the Court will make parenting orders which set out the parenting arrangements for the child or children. These orders may cover who the child will live with, how much time they will spend with each parent, the allocation of parental responsibility, and how the child will communicate with each parent. A breach of a parenting order is a serious matter and may occur if one parent intentionally fails or makes no reasonable attempt to comply with the order. If the parent has no reasonable excuse for their breach, a Court can penalise them if the other parent (or another person affected by the order) files an application alleging the breach. Penalties vary depending on the seriousness of the breach and can range from a minor variation to the original order to fines and imprisonment.