What happens when one party fails to comply with a parenting order?
This article outlines the options available through the Family Court when a parenting order is breached, and what options you have in the event of a breach.
What constitutes a breach of a parenting order?
A breach occurs when one party does not comply with the terms of a parenting order, some examples include, denying contact with the child, failing to return a child on time (or at all), or taking a child overseas without permission of the other party.
You can apply to the Court under COCA to address the breach. The Court has several remedies available, depending on the nature and seriousness of the breach.
Possible Court responses to a breach
If the Court is satisfied that a parenting order has been breached without reasonable excuse, it may:
1. Admonish the breaching party;
2. Vary the parenting order;
3. Require a monetary bond;
4. Issue a warrant for the return of a child; and/or
5. Prevent removal of the child from New Zealand.
Below is a closer look at each of these options.
1. Admonishment and costs
Each parenting order includes a statement about the potential consequences of non-compliance. If a breach is proven, the Court may formally admonish (i.e., warn or caution) the offending party.
In some cases, the Court may also award costs to the applicant, particularly if the breach occurred without a reasonable excuse.
2. Varying the parenting order
If ongoing breaches indicate that the current arrangements are not workable, the Court may decide to vary the parenting order. Changes may include:
- Reducing or restricting time with the breaching party; or
- Adjusting arrangements to make compliance with the order more practical.
This option is often used to protect the child’s wellbeing and ensure more effective co-parenting.
3. Bond arrangements
The Court can order the breaching party to pay a monetary bond as a form of assurance that they will comply with the order moving forward. If another breach occurs, the bond may be forfeited to the Court.
This remedy is often used where there's a pattern of non-compliance.
4. Warrants for return of a child
In more serious cases, particularly where a parent unlawfully keeps a child, the Court can issue a warrant authorising Police or a social worker to locate and return the child to the person entitled to day-to-day care.
This option is available whether one or both parties share day-to-day care and can also be used to enforce contact arrangements outlined in the order.
5. Preventing removal from New Zealand
If you believe someone may attempt to remove a child from New Zealand in breach of a parenting order or to defeat a claim of a person who has applied for (or is about to apply for) a parenting order to have contact or day to day care of that child, you can apply to the Court for preventative measures. These include:
- An order preventing removal;
- Confiscation of passports or travel documents; and/or
- A warrant returning the child to your care.
This type of application is often urgent and time sensitive.
Get help early
If you're dealing with a breach of a parenting order, it's important to seek legal advice as soon as possible. The Court offers a range of remedies to uphold parenting arrangements and protect the best interests of children.
Our family lawyers at Burley Castle Hawkins are experienced in dealing with parenting order breaches, care disputes, and all other applications with respect to parenting and guardianship orders. Whether you're seeking enforcement or concerned about potential liability for a breach, please get in touch – we are here to help.
By Michelle Carey | Senior Solicitor | 07 571 7008 | michelle@bchlaw.co.nz
The information contained in this article is provided for informational purposes only and should not be construed as legal advice on any subject matter.
