Law Blog

Firstly, it is very important to say that you should always follow a court order unless you have permission from the court not to (which is itself a kind of court order anyway).

There are circumstances, however, where people fail to follow court orders. These are known as "contravening a court order" and fall into four major categories under the Family Law Act 1975 (Cth):

1. A person has intentionally failed to comply with an order;
2. A person has made no reasonable attempt to comply with an order;
3. A person has intentionally prevented compliance by a person bound by an order;
4. A person has aided or abetted a contravention by a person bound by an order.

If a person's action (or inaction) falls into one of the above categories, the contravention will be classified by the court as either a less serious contravention or a more serious contravention.

Penalties for a less serious contravention include:

• attendance at a post-separation parenting program;
• compensatory time with the child;
• payment of a bond;
• monetary compensation for out of pocket expenses;
• adjournment to allow for a further application to the court.

Penalties for a more serious contravention include:

• a community service order;
• payment of a bond;
• compensatory time with the child;
• a fine of not more than 60 penalty units;
  
• imprisonment;
• monetary compensation for out of pocket expenses.

Remember, it is not up to you, your ex-spouse or anyone other than the judge to decide if an action or omission is a less or more serious contravention... taking some advice from a lawyer will help you, but the final decision is up to the judge.

In rare cases a person who is being accused of breaching a court order may be able to show that he or she has a reasonable excuse such as:

• the person does not understand the obligations of the court order; or
• the respondent believed on reasonable grounds that the contravening actions were necessary to protect the health and safety of a person (including the respondent or the child) and the contravention was not longer than necessary to achieve this.

If you are in any doubt as to the meaning of a court order or if you are unsure if something you plan to do will contravene the court order you should seek legal advice immediately.

This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.