Contravention orders are a crucial aspect of family law, particularly when it comes to enforcing court orders relating to parenting arrangements, child support or property settlements.
These orders are generally sought when an individual has failed to comply with a court order, and understanding how they can impact you (and your family) is critical for all involved.
What Are Contravention Orders?
Firstly, contravene means to to go against or act contrary to something.
A contravention order allows one party to seek enforcement when another party has failed to comply with an existing court order.
Under the Family Law Act 1975, the Federal Circuit and Family Court of Australia may find that a party who is bound by a court order has contravened that order if they have:
intentionally failed to comply with the order; or
made no reasonable attempt to comply with the order.
In family law matters, this may include non-compliance with parenting arrangements, property settlement obligations not being met, or child support payments not be made.
A contravention order can also be sought where a party who is not bound by a court order has otherwise intentionally prevented compliance with the order or has assisted in breaching the order.
Grounds For Seeking A Contravention Order
To seek a contravention order, the applicant must demonstrate:
The existence of a Court Order There must be an existing court order that is clear, specific, and not ambiguous. This order may be related to parenting arrangements, child support, or property settlements, amongst others.
Contravention The respondent must have failed to comply with the terms of the court order, whether completely or partially.
Knowledge of the Order
The respondent must have been aware of the court order and understood their obligation under it.
Examples Of Contraventions
Contraventions can vary in nature and severity. Some common examples we see are:
Failure to follow Parenting Orders
Not adhering to agreed visitation schedules or not allowing a child to spend time with the other parent as per the court's order.
Non-payment of Child Support
If one party fails to make required child support payments, a contravention order may be sought.
Non-compliance with Property Settlement Orders
This could involve failing to transfer property or meet financial obligations as stipulated in a property settlement.
Applying For A Contravention Order
If you believe a contravention has occurred, the process generally involves the following steps:
Gather Evidence
Collect and document all evidence of the contravention. This may include communication records (e.g. text messages, social media posts), bank statements, or any other relevant documents.
Seek Legal Advice
It is crucial you speak with a reputable family lawyer as soon as possible. They can help you prepare the necessary application, and provide legal advice and representation when and if required.
File an Application
The application for a contravention order is filed with the Federal Circuit and Family Court of Australia. The application should detail the nature of the contravention and provide evidence to support your claim.
Attend Court Hearings
Once the application has been filed, a court hearing will be scheduled. Generally, both parties are required to attend, where they will present their cases. The court will ultimately determine whether a contravention has occurred and what action to take.
Where children are involved, it's important that the parties engage in orderly conduct and communication for the wellbeing of any children.
It's important to note that sometimes, but not always, a contravention will be remedied before an application has been made. This is where engaging with a dedicated and experienced lawyer is invaluable, as they can ensure your rights and obligations are being met and protected.
Defending Against A Contravention Order
If you are the respondent facing a contravention order, you will have the right to defend yourself and your actions.
Whilst every situation is unique, common defences include:
Reasonable Excuse
Demonstrating that there was a reasonable excuse for non-compliance, such as health issues or emergencies.
Misunderstanding or Misinterpretation
Proving that there was a misunderstanding or lack of clarity regarding the terms of the court order. We would note, however, that when orders have been made, you should always clarify any terms you do not understand to ensure you have understood the obligations you are bound by.
Unintentional Breach
Showing that the contravention was unintentional, and that you made reasonable efforts to comply with the order.
Possible Outcomes Of A Contravention Order
If the court finds that a contravention has occurred, there are several possible outcomes:
Enforcement of the Original Order
The Court may order that the original court order be enforced as intended, requiring the respondent to comply.
Penalties
The Court may impose additional penalties on the respondent, such as a fine or community service, or paying the Applicant's legal costs. In some circumstances, imprisonment may also be ordered.
Additional Requirements
The Court may require the respondent (and applicant where applicable) to adhere to further requirements. These may include attending family counselling or family dispute resolution
Compensation
Though less common, in some cases, the Court may order the respondent to compensate the affected party for any financial or physical losses incurred.
Variation of Orders
The Court may vary the original order to address the issue that led to the contravention
It's important to note that the Court can make an order that the applicant pays for the respondent’s legal costs in connection with the proceedings in circumstances where:
The Court dismisses the applicant’s application; or
The Court accepts that the respondent had a 'reasonable excuse' for contravening the order.
I you are considering making a contravention application, you should always obtain appropriate legal advice to ensure that your application is strong.
Importance Of Compliance
Adhering to court orders is crucial in all legal matters. When order have been made, it is important to remember that the Court has considered your situation and made a decision they believe is in the best interests of the parties.
Breaking orders can lead to irreparable repercussions, such as impacting the relationship with your children, the extent of assets awarded to you in a property settlements, or a change to arrangements relating to spousal maintenance or child support.
This is why we always recommend that, at all stages of family law matter or divorce, that you engage with an experienced lawyer to ensure you have both understood your obligations and protected your rights under an order.
Get Legal Advice
Contravention orders are an important tool for enforcing compliance with court orders. Understanding the process and seeking appropriate legal advice can help ensure that your rights are protected and that any issues are addressed and resolved effectively.
If you believe a court order has been contravened, it is important you take swift action to ensure a breach has been resolved. This is why our family lawyers offer a free 30 minute initial consultation for new clients, so we can understand your unique situation and how we can assist.
If you have any questions, or want to schedule a free consultation, click the button below to contact us to see how we can help you.
Disclaimer: This publication is not intended to be comprehensive, nor does it constitute legal advice. We are unable to ensure the information is current and there is no guarantee in relation to accuracy. You should seek legal or other professional advice before acting or relying on any of the content of this publication. The views and/or opinions expressed in this publication is that of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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