In Australia, Family Court orders—such as parenting arrangements, financial settlements, and injunctions—are legally binding. Failing to comply with these orders, known as contravention, can lead to serious consequences. This guide outlines what constitutes a contravention, possible penalties, and steps to take if you’re involved in such a situation.

What Is a Contravention?

A contravention occurs when a person

• Intentionally fails to comply with a court order.

• Makes no reasonable attempt to comply.

• Prevents another person from complying with an order.

• Aids or abets someone else in breaching an order.

This applies to all orders under the Family Law Act 1975, including parenting, property, and spousal maintenance orders.

Reasonable Excuses for Non-Compliance

The court may accept certain reasons for failing to comply with an order, such as:

• Lack of understanding of the order’s obligations.

• Protecting health or safety, if the contravention was necessary and lasted only as long as needed.

However, not agreeing with the order or personal disagreements are not considered reasonable excuses.

Consequences of Contravention

Penalties for breaching Family Court orders vary based on the severity and intent:

• Make-up time for missed parenting arrangements.

• Fines or compensation for expenses incurred due to the breach.

• Community service or good behaviour bonds.

• Imprisonment for up to 12 months in severe cases.

The court’s primary concern is the best interests of the child, especially in parenting order contraventions.

Steps to Take If an Order Is Breached

1. Seek Legal Advice: Consult a family lawyer to understand your rights and options.

2. Family Dispute Resolution (FDR): Attempt mediation to resolve the issue amicably.

3. File a Contravention Application: If FDR fails, you can apply to the court alleging the breach.

Note: Contravention proceedings are quasi-criminal, and the burden of proof lies with the applicant

Preventing Future Contraventions

• Clear Communication: Ensure all parties understand the order’s terms.

• Document Everything: Keep records of communications and any incidents related to the order.

• Seek Modifications Legally: If circumstances change, apply to the court to vary the order rather than breaching it.

Need Assistance?

If you’re facing issues related to contravention of Family Court orders, it’s crucial to act promptly and seek professional legal advice. Understanding your obligations and rights can help prevent serious consequences and protect the well-being of all parties involved.