When a Family Court makes an Order, the parties are required to adhere to its terms. Should you consider that your former spouse is not following the Orders made by the Court, you may decide to file a contravention application. The Court is unable to act upon your former spouse’s failure to follow the Orders, without this application being made.
The Court may then decide that:
- The contravention has occurred but the failing party had a reasonable excuse not to follow orders;
- It was a less serious contravention without excuse and does not require action;
- It was a serious contravention without excuse and requires action.
The Family Law Act section 112AC states that a person is considered to have a reasonable excuse for contravening an Order if they did not understand the obligations imposed by the order and they ought to be excused in respect of the contravention.
However, if a party is found to have contravened the orders and did not have a reasonable excuse to do so, the Court may impose a penalty. Such penalties include:
- Vary the original Order;
- Order the contravening party to attend a post separation parenting program;
- Compensate for any time lost with a child as a result of the contravention;
- Require the contravening party to enter into a bond;
- Order the contravening party to pay some or all of the other party’s legal costs;
- Order the contravening party to pay compensation for reasonable expenses lost as a result of the contravention;
- Order the contravening party to attend community service;
- Order the contravening party to pay a fine;
- Order the contravening party to a sentence of imprisonment.
Please note the answers provided are for your general information only and we ask you to call our office on (02) 6331 2911 to obtain detailed legal advice for your individual situation.
Lauren Sheraton | Family Law Solicitor