This comprehensive guide explains the complexities of family court order breaches in Australia and their potential consequences. Drawing from numerous cases, it provides essential information about how breaches are handled within the Australian legal system and what steps can be taken when court orders are not followed.

When a family court order is breached, it can feel like your world is crumbling. Whether you’re dealing with missed visitations, late child support payments, or interference with communication, understanding your rights and options is crucial. Let’s explore what constitutes a breach of family court orders and what steps you can take to address it.

Understanding Family Court Orders

A family court order including parenting orders and financial orders are more than just pieces of paper – they are legally binding documents that set out specific obligations and rights. Understanding these orders is crucial, as recent ANROWS research shows that 80% of cases where parenting orders are breached involve controlling or vindictive behavior, while 16% relate to children’s preferences.

Think of these orders as a roadmap for living your life post-separation. It outlines everything from living arrangements and communication schedules to decision-making responsibilities. Similarly, a financial order serves as your economic blueprint, detailing property division, payment obligations, and maintenance arrangements.

These orders typically fall into two main categories:

1. Parenting Orders These create the framework for raising children after separation:

• Living arrangements and time with each parent
• Communication methods and frequency
• Decision-making for education and health
• Holiday arrangements and special events
• Specific requirements for child care and wellbeing

2. Financial Orders These address the financial aspects of separation:

• Property division timelines
• Payment obligations and deadlines
• Requirements for selling or transferring assets
• Spousal or de facto maintenance arrangements
• Superannuation splitting details

When someone breaches these orders, whether it’s a parenting order or financial order, it’s not just frustrating – it can have serious impacts on children’s wellbeing and family stability. Understanding what constitutes a breach is your first step toward addressing it effectively.

Remember: Just like traffic laws keep our roads safe, court orders help maintain order and stability in separated families. Following them isn’t optional – it’s legally required.

Breaching a Family Order

Real-world examples help illustrate how court orders are commonly breached:

• Consistent late returns from weekend visits
• Making unilateral decisions about children’s education or healthcare
• Blocking communication between children and the other parent
• Relocating without proper notification
• Interfering with agreed-upon visitation schedules

A recent Federal Circuit Court case highlighted how even seemingly minor violations – like consistently picking up children an hour early from school – can be considered serious breaches because they disrupt established routines and interfere with the other parent’s time.

Steps to Take When Someone Violates a Court Order

When dealing with a breach of court orders, taking systematic action is crucial. Here’s what you need to do:

1. Document Everything

• Keep a detailed log of incidents
• Save relevant text messages and emails
• Note dates, times, and specific details
• Gather any witness statements or supporting evidence

2. Attempt Reasonable Communication Before escalating to legal action, try addressing the issue directly if it’s safe to do so. Sometimes, breaches occur due to misunderstandings rather than deliberate actions.
3. Consider Mediation Family dispute resolution can often resolve issues more quickly and cost-effectively than court action. This step is crucial because you’ll need either:

• A certificate from a registered family dispute practitioner, or
• An affidavit explaining why you couldn’t attend dispute resolution (such as in urgent cases or where family violence is involved)

4. Seek Legal Advice A family lawyer can help evaluate the seriousness of the breach and advise on the best course of action. They can also help prepare your legal documentation if court action becomes necessary.
5. File a Contravention Application Important: The court can only take action against someone who breaches an order if you formally file a Contravention Application. This requires:

• A properly completed Contravention Application form
• A detailed supporting affidavit explaining how and when the order was breached
• Your family dispute resolution certificate or exemption affidavit
• Any evidence supporting your claims

Remember: The burden of proof lies with the person alleging the breach. This means you need to clearly demonstrate how the other party failed to comply with the order and provide evidence to support your claims.

6. Follow Through If your application is accepted, be prepared to:

• Attend court hearings
• Present your evidence clearly
• Remain focused on the specific breaches rather than other relationship issues
• Follow any additional court directions

Taking action against breaches isn’t about punishment – it’s about ensuring court orders are respected and children’s best interests are protected. While the process might seem daunting, following these steps systematically will give you the best chance of resolving the situation effectively.

Valid Reasons That May Justify Non-Compliance

Sometimes, what appears to be a breach may have a reasonable explanation. Courts recognize certain situations where non-compliance might be justified:

• Protecting a child from immediate harm
• Medical emergencies
• Natural disasters or unforeseen events
• Serious illness
• Family violence concerns

Remember, though – these aren’t blanket excuses. The person breaching the order must be able to prove their actions were necessary and reasonable under the circumstances.

Legal Consequences and Enforcement Measures

Under Section 70NFB of the Family Law Act 1975, the courts have significant powers to address breaches of family court orders. Let’s break down what can happen if someone is found to have violated a court order:

1. Imprisonment: In the most serious cases, the court can impose a jail sentence.
2. Financial Penalties

• The court can impose fines up to 60 penalty units
• The person who breached the order may be required to pay the other party’s legal costs
• These financial consequences aim to both punish the breach and deter future violations

3. Compensatory Parenting Orders When time with children has been denied or interfered with, the court can order:

• Make-up time to compensate for missed visits
• Additional parenting time to balance out what was lost
• Modified arrangements to prevent future interference

4. Bond Requirements The court may require the person who breached the order to enter into a bond. Think of this as a formal promise to the court, with financial consequences if broken. The bond acts as both a deterrent and a way to ensure future compliance.
5. Cost Orders One of the most common consequences is being ordered to pay the other party’s legal costs. This can include:

• Court filing fees
• Lawyer’s fees
• Other expenses related to bringing the contravention application

Remember: The court’s primary goal isn’t punishment but ensuring compliance and protecting children’s best interests. They often prefer solutions that promote better co-parenting relationships while still holding people accountable for their actions.

When considering enforcement, courts will look at:

• The severity and frequency of the breach
• Whether it was intentional or accidental
• The impact on the children
• Any previous history of non-compliance
• Whether there were reasonable excuses

Expert Help is Available

When dealing with family court order breaches, having experienced legal support makes all the difference. At Mediations Australia, our family lawyers understand both the legal requirements and emotional challenges involved in events like this. We offer practical solutions while protecting your rights.

Needing Local Family Law Expertise or Mediation Services

At Mediations Australia, we have a team of family lawyers and mediators who can assist you in Sydney, Canberra, Perth, Adelaide, Melbourne,Gold Coast and all other locations in Australia. We also do international family law matters.

We understand the complexity of family court orders and their enforcement. Our experienced family lawyers and mediators provide compassionate guidance while ensuring your legal rights are protected. Whether you’re dealing with a breach of family court order or need advice on compliance, we’re here to help you navigate these challenging situations.