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What happens when orders conflict?
What happens when orders conflict?
A common example of inconsistent orders are orders relating to changeovers. It is common for a child’s school to be listed in a Protection Order as a place the respondent (being the person the Protection Order application was brought against) is not to approach.
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Parenting Orders often provide for changeovers to occur at the child’s school where the child is of school age and changeover is occurring on a business day.
What this means practically is that if the respondent — in complying with the Parenting Orders — attends the child’s school to pick them up, they will be in breach of the protection order which can have serious consequences.
Until recently, the position was that the Parenting Orders prevailed but amentments have since changed this position.
The Domestic Violence Act 2012 (Qld) requires the Court to consider any existing Parenting Orders but does not limit their power to make protection orders that are inconsistent with the existing Parenting Orders.
Importantly, when considering whether a Protection Order will contradict a Parenting Order, the court must not reduce the level of protection afforded for the purpose of trying to ensure consistency with a family law order.
