What Happens if Parent Breaks Custody Agreement?

A custody agreement plays a crucial role in defining the rights and responsibilities of parents following a separation or divorce. However, there are instances where a parent may choose to break the terms of the custody agreement, which can have legal ramifications.

In Australia, family law governs custody arrangements, and non-compliance with these agreements can result in significant consequences for the parent involved. This article will explore what happens if parent breaks custody agreement and shed light on the legal framework surrounding such situations.

What is the Importance of Custody Agreements?

What happens if parent breaks custody agreement? Before answering this question, let us first define what a custody agreement is.

Custody agreements, often referred to as parenting plans or parenting orders, establish the arrangements for the care, living arrangements, and visitation rights of children after their parents’ separation.

These agreements are legally binding and aim to ensure the best interests of the child are protected while promoting stability and consistency in their lives.

Also read: What Is 60 40 Child Custody: Quick Guide

What Is Considered a Breach of Custody Agreement?

A breach of a custody agreement refers to the violation or non-compliance with the terms and conditions outlined in the agreement.

The specific actions that can be considered a breach may vary depending on the details of the custody agreement itself, but common examples include:

• Denying Parental Access: Intentionally preventing the other parent from exercising their visitation or parenting time as stipulated in the agreement. This could involve refusing to allow the scheduled visitation or consistently interfering with the other parent’s time with the child.
• Failure to Notify or Communicate: Failing to inform the other parent of significant events involving the child, such as changes in the child’s residence, medical conditions, or educational concerns, as stipulated in the custody agreement.
• Relocation without Consent: Moving or relocating the child to a different city, state, or country without obtaining the necessary consent from the other parent or seeking appropriate legal authorisation as specified in the custody agreement or family law.
• Disrupting Communication: Hindering or interfering with the other parent’s ability to communicate with the child through means outlined in the agreement, such as phone calls, video chats, or emails.
• Failing to Follow Decision-Making Protocols: Disregarding the agreed-upon decision-making process regarding major issues affecting the child, such as education, healthcare, religious upbringing, or extracurricular activities.
• Endangering the Child’s Well-being: Engaging in behaviours or exposing the child to situations that could jeopardise their safety and physical or emotional well-being or violate any specific provisions outlined in the custody agreement.
• Violating Restraining Orders or Protection Orders: If the custody agreement includes specific orders regarding restraining or protection orders, breaching those orders can constitute a violation of the custody agreement.

It is crucial to keep in mind that each custody agreement is unique, and the specific terms and conditions will change depending on the parents’ agreement or the court’s orders. If a breach of the custody agreement occurs, it is advisable to consult with a family lawyer to understand your rights, seek appropriate legal remedies, and ensure the best interests of the child are protected.

Also read: Can You File for Custody Online?

What Happens if Parent Breaks Custody Agreement?

What happens if parent breaks custody agreement? If a parent intentionally breaches a custody agreement, the other parent can seek legal recourse through various channels, including:

• Mediation and Dispute Resolution: In cases of custody agreement violations, mediation and dispute resolution processes may be initiated to encourage communication and find a resolution without resorting to court intervention.
• Family Court Intervention: If mediation fails or the breach is severe, the affected parent may file an application with the Family Court seeking enforcement of the custody agreement. The court has the authority to make orders to ensure compliance, modify existing agreements, or impose penalties on the non-compliant parent.
• Variation or Revocation of Custody Orders: In some cases, repeated breaches or serious misconduct by a parent may lead to the variation or revocation of existing custody orders, potentially resulting in a change of custody arrangements.
• Contempt of Court: Willful and serious breaches of custody agreements can be considered contempt of court. If found guilty, the non-compliant parent may face fines, community service, or even imprisonment.

What is the Difference Between a Court Order and a Custody Agreement?

A court order for child custody is a legally binding decision made by a judge and is enforceable by law.

It’s often used when parents cannot agree on custody terms. In contrast, a custody agreement is a mutual arrangement between parents, usually formed outside of court.

While it can be less formal, it can also be made legally binding if filed with the court.

The key difference lies in how they are created and their enforceability; court orders are judicial decisions, whereas custody agreements are collaborative arrangements between parents.

Helping Our Clients

We recently assisted Kate, a client facing a custody agreement breach. Despite faithfully adhering to the agreement, her ex-partner, John, began denying her scheduled visitation rights without justification.

Our experts in child custody law reviewed the agreement, offered Kate legal guidance, and attempted mediation to achieve an amicable resolution of the issue.

When mediation failed, we filed an application with the Family Court on Kate’s behalf, seeking enforcement of the custody agreement.

Through persuasive argumentation, we presented Kate’s case, emphasising the impact on her parent-child relationship. The court recognized the importance of upholding the agreement, resulting in an order enforcing John’s compliance.

Prioritising the child’s best interests, we protected Kate’s rights, allowing her to resume regular visitation. Kate’s case exemplifies our commitment to safeguarding parental rights and children’s well-being.

Summary

Custody agreements are legally binding, and breaching them can have serious consequences. The court system provides a framework for resolving custody disputes and enforcing compliance to ensure the best interests of the child are upheld.

Parents need to understand their rights, seek mediation whenever possible, and, if necessary, consult with a legal professional to navigate the complexities of custody agreements effectively.

By prioritising the child’s well-being and complying with custody arrangements, parents can contribute to a more stable and nurturing environment for their children.

Hayder Shkara

Director of Melbourne Family Lawyers, Hayder manages the practice and oversees the running of all of the files in the practice. Hayder has an astute eye for case strategy and running particularly complex matters in the family law system.