Breach Of Family Law Orders
Family orders, for parenting matters or property settlement, can be complex. What happens if you or your ex-partner fail to comply?
What to do if there's a breach
The recommended first step is to communicate with the other party or their legal representative to understand the reasons for non-compliance — often the reason is unforeseen circumstances delaying things within the court-ordered timeframe.
Taking further action
Enforcement through legal action can be costly and lengthy, so it's worth determining the underlying problem first — the other party will have to do what's required before further orders can be made. For breaches of parenting orders, you can file a Contravention Application for final orders, or an Application in a Case if interim orders are still before the court.
Consequences of a breach
The court can impose fines on a parent who fails to comply with family orders, and if the contravention is serious enough, the court can also imprison them.
If a contravention application is made against you
You must defend against a proven contravention. A 'reasonable excuse' defence exists, particularly where the contravention protected the health and safety of a person, provided it was only for the time necessary. Both the accuser and the defendant carry a burden of proof — one to prove the breach occurred, the other to prove any reasonable excuse claimed.