Hi there. It sounds like you are in a difficult situation. A parenting order is a court order that sets out the parenting arrangements for a child or children. Both parents are legally required to follow the parenting order, and penalties can apply if a parent fails to follow the terms of the parenting order.

A parenting order will remain in force until a new parenting order is made or the existing order is changed. Even if the needs or circumstances of one parent or the child change, the order does not automatically change as well. In this situation, the parents would need to negotiate a new parenting arrangement and, if they reach an agreement, enter a parenting plan or apply for consent orders from a court that vary the existing parenting order.

If the parents are unable to agree on new parenting arrangements, a family dispute resolution service can help the parties negotiate an outcome that works for both parents. Seewww.familyrelationships.gov.aufor information about available dispute resolutions services. If this approach is unsuccessful, you can apply to court to vary the existing parenting order. You would need to prove to the court that there has been a significant change of circumstances that makes a change to the parenting arrangement necessary.

Suggested way forward

Breaching a parenting order is a serious matter that can result in penalties. You would benefit from speaking to a family lawyer who can advise you of your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.