Family court orders non compliance, also known as breach of family court orders, is a serious offence. This article will discuss the meaning of family court orders non compliance, the consequences of this, and steps that a party can take if the other party has breached a court order.
What is family court orders non compliance? A family court order is legally binding on all parties involved. Family court orders non compliance means that one party has breached the court order.
In other words, family court orders non compliance occurs when a party has contravened a court order. The action of offending or breaking a law is known as contravention. This term is closely associated with family court orders non compliance.
Family Court Orders Non Compliance: Who Breaches Court Orders?
Under family law, court orders can usually consist of parenting orders (orders around custody arrangements) and financial orders (orders regarding spousal support and child support payments, and property settlement).
What is a parenting order?
The Federal Circuit and Family Court of Australia (FCFCOA) defines parenting orders as a set of court orders about parenting arrangements for a child.
A parenting order is legally binding on all parties. Notably, parenting orders will usually deal with matters such as:
- The allocation of parental responsibility among involved parties;
- The amount of time the child will spend with each parent, and other important relatives;
- The primary carer of the child and place of residence of the child;
- The mode of communication the child will use to communicate with the non-residential parent (the parent the child does not live with); and
- All other matters related to the care, development and welfare of the child.
Either of the parties may breach the parenting order. If a party does not comply with the conditions of an order, he/she is in breach of that order. Family court orders non compliance can lead to severe penalties if the court finds that the breach occurred in the absence of a reasonable excuse.
What is a financial order?
Courts can make financial orders in family law proceedings. These financial orders deal with issues such as property settlement or the division of money and assets. Moreover, financial orders can also be related to spousal support and child support payments.
Financial orders are also known as property orders. These orders are also legally binding on both parties. As mentioned above, even in this case, family court orders non compliance will have serious consequences.
Consequences Of Family Court Orders Non Compliance
There are different ways in which a person can breach a family court order. Either they may intentionally choose to not comply with the order, they did not make any attempts to comply with the orders, or they prevented someone else from following the court order.
Importantly, if a party has a reasonable excuse to not comply with the order, there will be no legal consequences.
All possible “reasonable excuses” are listed under Section 70NAE of the Family Law Act (1975). These include:
- The person committing the breach of order believed that non-compliance will actually protect the health and safety of a child or person involved.
- The person genuinely failed to understand the court order and obligations.
- The breach of order, or contravention, did not last longer than was necessary to protect the safety of the child, or the person himself/herself.
If the court finds that the contravention of order occurred without a reasonable excuse, the court will impose penalties.
What are the consequences of breaching a court order?
Section 70NFB of the Family Law Act (1975) lists certain consequences of breaching a court order. Some of them include:
- Courts may impose a fine on the party who failed to comply with a binding order;
- A sentence of imprisonment in cases of serious breach of order, imprisonment can be for up to 12 months
- An order making the party who committed the breach to pay all costs for the other party;
- A further parenting order that will compensate a person for time the other person did not spend with the child
A person can take various steps in case their former spouse has breached a court order.
What Can You Do If Your Former Partner Has Breached A Family Court Order?
If your former partner has failed to comply with a court order, chances are that it has caused you a lot of inconvenience.
Often, if a party breaches a parenting order, the other party (the aggrieved party) faces some kind of loss – commonly in the form of loss of time that they could have spent with their child.
Most importantly, the party who has suffered due to breach of order by another party must file a contravention application. The party must also attach a signed affidavit along with the application.
Notably, if the aggrieved party does not want the other party to be punished or penalised, but simply wants a resumption of arrangements of the earlier court order, the party must file an Application – Enforcement.
JB Solicitors’ Family Lawyers
Regardless of whether you are an aggrieved party, or a party who has breached a family court order, gaining appropriate legal guidance will be necessary.
At JB Solicitors, our lawyers have the experience of dealing with various complicated family law matters. In case you have faced some loss because your former partner has breached an order, our family lawyers will assist you with the process of filing an enforcement application, or contravention application.
On the other hand, if you have breached an order but had a reasonable excuse to do so, we will help with presenting your case so that you are not given any unfair penalties.
Our family lawyers have a wealth of experience in dealing with a variety of matters. They have been in the industry for years and have showcased competence in handling every matter.
Our community-oriented rationale helps us form a personal connection with all our clients. Please don’t hesitate to contact our friendly team for further enquiries.
Contact our lawyers today.
