Family court orders are legally binding. When a person fails to comply with an order made by the Federal Circuit and Family Court of Australia, they are in breach (or contravention) of that order. Breaches can occur in relation to parenting orders, property orders, financial agreements, and other types of family law orders. Understanding your rights and the available remedies is essential when you are dealing with non-compliance.
Common Types of Breaches
Breaches of family court orders can take many forms. Some of the most common include:
- Refusing to allow a child to spend time with the other parent as specified in parenting orders
- Failing to return a child at the agreed time or location
- Relocating with a child without consent or court approval
- Not making financial payments required under property or maintenance orders
- Failing to transfer property, superannuation, or other assets as directed
- Breaching conditions attached to orders, such as supervision requirements or communication protocols
- Denigrating the other parent in front of the children, contrary to an order not to do so
What Should You Do If Orders Are Being Breached?
If you believe the other party is breaching family court orders, there are practical steps you should take:
- Document the breach: Keep detailed records of every instance of non-compliance, including dates, times, and any evidence such as text messages, emails, or photographs.
- Seek legal advice: Consult a family lawyer to assess the nature and seriousness of the breach and understand your options.
- Consider informal resolution: In some cases, a breach may be unintentional or the result of a misunderstanding. A letter from your lawyer may resolve the issue without further court action.
- File a contravention application: If informal attempts fail, you can file a contravention application with the court seeking orders to address the breach.
If a child is at immediate risk of harm, contact the police. You do not need to wait for a court process if there is an urgent safety concern.
Consequences of Breaching Court Orders
The court takes breaches of its orders seriously. Consequences for a person found to have contravened an order may include:
- A formal warning or admonishment from the court
- An order to attend a post-separation parenting program
- Variation of the existing orders to make them clearer or more enforceable
- Compensatory time with a child to make up for lost contact
- An order to pay the other party's legal costs
- A community service order
- A fine
- In the most serious cases, imprisonment
"Court orders exist to be followed. When they are breached, the court has a range of powers to ensure compliance and hold the offending party accountable."
Defending Against a Breach Allegation
If you have been accused of breaching court orders, it is important to seek legal advice immediately. You may have a reasonable excuse for the non-compliance, such as a genuine belief that compliance would expose a child to harm, or that the breach was due to circumstances beyond your control. Reid+Alexander Lawyers can advise you on your defence and represent you in any contravention proceedings.
Whether you are seeking to enforce orders or defending against a breach allegation, contact us for expert legal guidance.