Whether family law orders are made on an interim or final basis, they are legally binding on all parties subject to them.
There are many examples of breaches in Australian family law, and accordingly, there are a variety of different consequences which apply to any given scenario. The only way to be exempt from a breach of a family law order in Australian law is to have a reasonable excuse.
The following article will discuss examples of breaches in Australian Family Law, the consequences of those breaches and the concept of a reasonable excuse.
What Constitutes a Reasonable Excuse?
As per the Family Law Act (1975), a breach of a family law order may be seen as an exception if there is a reasonable excuse for that breach. Examples of such a reasonable excuse include:
- The person believed they had to breach the orders to protect the health or safety of themselves, their children or someone else; and
- That contravention did not continue for a period longer than what was necessary to do the above; or
- The person genuinely did not understand that they were breaching the orders at the time – Under s70NAE of the Family Law Act (1975).
An Enforcement Application For Breaches
The effect of an Enforcement Application is essentially asking the Court to force the party in breach of the family law orders to comply.
The Court does this by first reminding them of their obligations and then warning of consequences if the orders are not abided by.
For the application to be successful, several factors must first be proved on the balance of probabilities.
A Contravention Application For Breaches
If you believe the other party who has committed the breach does not have a reasonable excuse for doing so, you may file a Contravention Application. This application must be accompanied by an Affidavit that contains particulars regarding evidence that the order has been breached.
For the application to be successful, one of a few factors must be first proved beyond a reasonable doubt. These factors include:
- The circumstances surrounding the breach;
- Why the order was breached;
- Whether it was a significant or minor breach;
- Whether the breach occurred once or was ongoing
What Does The Court Do About Breaches In Australian Family Law?
The Court may make orders depending on the infringement (s) to any of the following effects:
- That the arrangements under a previous order be resumed ;
- Varying an existing order;
- Providing compensation for the party who has lost time with a child as a result of the breach;
- An order requiring a party to attending a program for parenting;
- Payment for some or all of the other party’s legal costs;
- A requirement to undertake community service
- Requiring a party to enter into a bond that can last for up to 2 years. This bond can require a variety of things, such as good behaviour and mandatory counselling sessions.
In the most extreme circumstances, some examples of breaches in Australian Family Law can even amount to a substantial fine or even imprisonment.
What Are Some Examples Of Breaches In Australian Family Law?
Breaches in family law can be broadly separated into three categories:
1. Parenting orders – These types of breaches may include a failure to return children on time, being late to pick-ups and drop-offs and talking negatively about your partner in the presence of your children
2. Property settlement orders – These include matters such as failures to pay a cash sum or sign the necessary documents to transfer property;
3. Spousal maintenance orders – A failure to make spousal maintenance payments
Some Take-Away Advice
When it comes to examples of breaches in Australian Family Law, it is usually always better when parties can resolve the matter themselves rather than proceed to the Courts. This is because pursuing litigation can be both very time-consuming and expensive.
This is also the situation in cases where the Court has already made final orders. As such, it won’t modify these orders unless it can be shown that there has been a significant change of circumstances since the making of the orders.
The Court will also be unwilling to do anything about a Contravention Application unless the breaches alleged are severe enough or are continual.
Importance of Seeking Legal Advice
When discussing examples of breaches in Australian family law, it is essential to note that every violation is different. Accordingly, every breach in Australian family law will attract consequences that need to be advised and assessed individually.
To better understand your particular situation, please do not hesitate to reach out to one of our friendly and experienced family lawyers today.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way.
With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
More Articles
Suppose you have any more questions about various examples of breaches in Australian family law or any other family law matters.
In that case, you should head over to our blog section for more informative articles on a wide range of family law topics. Alternatively, here are some of our newest articles linked below:
What You Need To Know About Custody Rights For Mothers
What Does Equal Shared Parental Responsibility Mean For You?
My Former Partner Is Not Complying With Family Court Orders
Our YouTube
For more informative family law content, please check out our YouTube page. Alternatively, here are some educational videos linked below, which are on matters that you may find interesting and helpful
What Happens To Your Home When You Die Without A Will?
How To Stop Your Spouse From Selling Your Property After A Divorce