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ARTICLE · 20 JULY 2022

Com­pli­ance with Chil­drens Orders

Any orders made by the FCF­COA should be fol­lowed unless an agree­ment is reached with the oth­er par­ent to amend the Order.

AustraliaFamily and Matrimonial

Any orders made by the Fed­er­al Cir­cuit and Fam­i­ly Court of Aus­tralia (FCF­COA) should be fol­lowed unless an agree­ment is reached with the oth­er par­ent to vary or amend the Order. It is impor­tant that both par­ties under­stand what is required by them under the Orders, which includes tak­ing all rea­son­able steps to ensure the orders are com­plied with.

In cir­cum­stances of non-com­pli­ance by the oth­er par­ent, there are steps that can be tak­en to ensure the oth­er par­ent com­plies with the Order. Under the new­ly estab­lished FCF­COA, par­ents are able to seek the Court's assis­tance with Com­pli­ance by way of fil­ing an Enforce­ment of a Par­ent­ing Order Appli­ca­tion or a Con­tra­ven­tion Appli­ca­tion. In more seri­ous cir­cum­stances, par­ties can file an Appli­ca­tion for Con­tempt, how­ev­er, such an appli­ca­tion would need to estab­lish the non-com­ply­ing par­en­t's non-com­pli­ance is a fla­grant chal­lenge to the author­i­ty of

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For further information please contact:

Michael Byrnes, Partner
Phone: + 61 2 9233 5544
Email: [email protected]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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