When a court order is made, each person affected by the order must comply with (follow) the order and take all reasonable steps to ensure that the terms of the order take effect.
A person is held to have contravened (breached) a court order if they have failed to comply with the terms set out in the family law court order, whether the breach be intentional or unintentional, without a reasonable excuse for doing so.
One example of a common breach of family court orders is where there are orders for parenting enabling both parents to spend time with the child, yet one parent is preventing the child from spending time with the other parent.
Unless there is a reasonable excuse for breaching the court order, then the breaching party could face serious consequences for their breach.
Suppose you have current parenting court orders in place, and the other party is not complying and breaching the orders. In that case, you are able to make a contravention application to the Federal Circuit and Family Court of Australia
Contravention Application
A contravention application is primarily used when there is an alleged breach of a parenting order or financial order. A contravention application is a legal action taken by a parent to enforce a parenting order or to seek penalties for a breach of a parenting order.
A parent can file a contravention application if the other parent has failed to comply with a parenting order and wants to seek an order from the Court imposing a punishment or another consequence on a person for the breach of a court order.
Before applying to the Court in relation to an alleged infringement, the party alleging the contravention must participate in alternative dispute resolution unless an exemption applies.
Unless there is a reasonable excuse for breaching the court order, the Court may impose a punishment or another consequence on a person for the breach of a court order.
Examples of reasonable excuse for breaching a parenting order may include:
- The person did not understand the obligations imposed by the order.
- The person reasonably believed that the actions which gave rise to the contravention were necessary to protect the health and safety of a person, including the person who contravened the order or the child, for example, if the child was at risk of harm if they were to spend time with the other parent. The infringement did not last longer than was necessary to protect the health and safety of the person who contravened the order or the child.
- The child refused to spend time with the other parent, and the parent who was supposed to facilitate the child’s time made reasonable attempts to encourage the child to spend time with the other parent.
If the court finds that a breach of the parenting order has occurred without a reasonable excuse for the breach,
it may make a range of orders like:
- A warning
- Requiring the breaching parent to attend a post-separation parenting program that the Court assists with avoiding future conflict between the parties
- Varying the primary court order
- Orders that compensate the other parent for lost time with the child
- Imposing a fine or other financial penalty
- Imposing a community service order
- Order for the breaching party to pay the legal costs of the other party
- In the event of a major breach in serious cases, this could also result in imprisonment.
If you believe that the other party to the orders is in breach of an order or orders, speak to our family lawyer for legal advice to determine whether it is appropriate to file a contravention application.
If you have been accused of breaching a court order or you have been served with a contravention application from the other party to the orders, seek legal advice from our team as soon as possible.
Suppose the Court finds that the allegations against you are proven. In that case, it may impose penalties against you similar to criminal proceedings, so it is important to seek legal advice about your options and whether you have a reasonable excuse for the breach under the law.
In any case, we will guide you through the legal process, protect your rights, and uphold the best interests of your child.
Let’s Connect!
