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Family Court Order Breaches

When the Federal Circuit and Family Court of Australia (“FCFCOA” or “family court”) issues a family law court order, it’s mandatory for all parties to comply. Failing to adhere to these orders is an offence, except in cases where a ‘reasonable excuse’ exists. In response to such violations, the family court has the power to make various orders.

Where a party has breached or consistently breaches an order it may inevitable to take further action in court to enforce the orders. At PCL Lawyers our family lawyers in Sydney can assist you with breaches of family court orders.

If you’re accused of violating an order we can also provide advice and ensure you are well represented. It is important to seek legal advice in either instance and ensure you are well represented in matters involving any type of court orders. It is also important that you understand the obligations imposed by the court order.

The Court will take steps to ensure that the parties comply with the order and may make further orders to remedy the situation. The family court has powers to order that one party compensates the other party either with time spent with the parent or financially and make them liable for legal costs.

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Types of court orders

There are two types of court orders: interim or final orders. These orders can pertain to matters related to parenting, property or both. An Interim Order is a temporary order issued by the Federal Circuit and Family Court of Australia (FCFCOA or family court) until the final orders are determined.

Parenting Order Breaches

The type, frequency and severity of a parenting order breach or contravention will generally determine the appropriate course of action. Possible solutions may involve discussing the current orders with the other party and agreeing on new terms, or inviting them to take part in Family Dispute Resolution to get the issue resolved. Keeping records of the various breaches and pursuing the matter at a later date may be helpful.

Breaches may reveal areas where the court order isn’t practical or indicate more serious issues, such as safety concerns or drug and alcohol abuse.

Enforcing Family Law Orders

To enforce court orders, you must apply to the FCFCOA for enforcement if you believe the other party has breached the order and the matter isn’t able to be resolved through Family Dispute Resolution.

To succeed in the application, you must prove (on the balance of probabilities) that the breach occurred. If the Court is satisfied, it will determine the compensation owed and whether the orders need amendment.

The Court will take into account the following factors:

  • The circumstances surrounding the breach, including the reasons behind it
  • The number of breaches, whether isolated or numerous
  • The severity of the breach

The Court has the authority to make the following orders when responding to a contravention:

  • Order for resuming arrangements under a previous order
  • Order for compensating a party for lost time with a child
  • Order for varying an existing order
  • Order for attending a Parenting Program
  • Order for paying some or all of the legal costs of the other party
  • Order for paying some or all costs incurred by the other party due to the breach
  • Order for punishing a party with a fine or period of imprisonment

Amending family court orders can be accomplished either by consent or through enforcement. With either option, having the right legal representation is critical for obtaining the best outcome.

At PCL Lawyers, we work with our clients to ensure that their case is well-documented and presented. We strive to achieve your desired outcome as quickly as possible, whether through a collaborative approach or through the family court process.

As a law firm with extensive experience in family law matters. We provide clear advice and assistance to clients so they can make informed decisions about their parenting matters and resolve disputes quickly.

To speak to our family lawyers in Sydney about a breach of family court orders, please call us on 1300 907 335 or complete an enquiry forms. All enquiries are treated with the utmost confidentiality.

Providing clients with the best possible service and advice.

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