Non compliance with (also known as breach of) family court orders is a serious offence.
What is non compliance with orders?
Family court orders non compliance occurs when a party has contravened a court order. The action of offending or breaking a law is known as contravention.
Who breaches Family Court Orders?
Federal Circuit and Family Court of Australia (FCFCOA) orders may be parenting orders or financial orders (also known as property orders). Both types of orders are legally binding on all parties to the orders.
What is a parenting order?
Parenting orders usually deal with parenting arrangements for a child.
What is a financial order?
Financial orders deal with the division of money and assets between parties to a family law property settlement, spousal maintenance, and child support payments.
What are the consequences of non compliance of Family Court orders
A party who does not comply with the conditions of an Order is in breach of that Order. Non compliance with Family Courts’ orders can lead to severe penalties unless the court finds that there was a reasonable excuse for the breach.
Parties may intentionally choose to not comply with the order, or make no attempt to comply with the orders, or prevent someone else from following an order.
If the court finds that an order was contravened without a reasonable excuse, it will impose penalties.
Division 13A of the Family Law Act (1975) deals with acceptable “Reasonable excuses” and possible consequences of contravening orders, indluding:
- an order that the non-complying party pay the other party’s costs;
- an order compensating a party for time they did not spend with the child;
- a fine on the non-complying party; and
- up to 12 months imprisonment for serious breaches.
What can you do if your ex-partner has breached a Family Court Order?
Usually, if a party breaches a parenting order, the aggrieved party faces loss –often in the form of lost time they could have spent with their child.
If a party has breached a court order, an aggrieved party must file a contravention application supported by an affidavit.
If the aggrieved party does not want the other party to be punished or penalised, but only a resumption of the arrangements of the earlier court order, they must additionally file an Enforcement Application.
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Contact us for free no-obligation initial telephone advice about contravention of family court orders.
