Contravention of Court Orders
Contravention of Court Orders
A contravention of family court orders happens when someone fails to follow a legally binding family court order. This may relate to parenting arrangements, spousal maintenance, property settlements, or other obligations. Orders must be followed by all parties, whether made by consent or imposed after a court hearing.
- A contravention order application allows the court to assess whether a breach occurred and what steps, if any, should be taken in response.
- When reviewing the matter, the court may consider:
- Whether the breach was intentional or avoidable
- If a genuine effort was made to comply
- The impact of the breach, especially on children
- Whether there was confusion or misinterpretation of the order
- Even minor breaches may be treated seriously, particularly when parenting orders are involved and the child’s wellbeing is affected.
- Contravention orders in Sydney can apply to:
- Missed changeovers or time with children
- Non-payment of agreed sums
- Delays in transferring property
- Failure to meet time-sensitive obligations
- Filing a contravention order is not just about pointing out non-compliance. It also seeks to:
- Restore accountability between parties
- Prevent future breaches
- Ask the court to issue further directions or impose consequences where appropriate
What to Do When Court Orders are Not Followed
If someone has breached a family court order, it’s important to take the right legal steps. Acting quickly and following proper procedure can help protect your rights and ensure the matter is taken seriously by the court. Here’s what you need to do:
Get Legal Advice
Each family law matter is unique. Whether you’re responding to a breach or filing your own application, it’s important to understand how a contravention order might apply to your situation.
File the Required Documents
To begin the process, you’ll need to file:
- An application for contravention of family court orders
- A supporting affidavit
- A certificate from a Family Dispute Resolution (FDR) practitioner or an affidavit explaining why you couldn’t provide one
- A copy of the original court orders
Swear and Sign the Affidavit
Your affidavit must be signed and witnessed by a Justice of the Peace, solicitor, or barrister. This document outlines what happened and how the contravention orders in Sydney relate to your situation.
Family Dispute Resolution Certificate
This certificate confirms you have tried to resolve the issue before going to court. If your matter involves family violence, child abuse, or is urgent, you may be excused from providing it. In those cases, you’ll need an affidavit explaining why it wasn’t possible.
Reviews
What Happens After the Hearing of Contravention of Court Order?
Once a contravention order hearing is completed, the court will carefully assess the evidence and circumstances surrounding the alleged breach. It then decides which of the following outcomes applies:
The contravention of family court orders was not proven:
The applicant did not provide enough evidence to support their claim. The matter may be dismissed, and no further action is taken.
The contravention occurred, but the respondent had a reasonable excuse:
The court acknowledges that the breach took place but accepts the explanation offered. A genuine emergency, misunderstanding of the order, or other valid reasons may fall into this category.
A minor breach took place without a valid excuse:
This could involve a one-off failure to comply, such as being late for a changeover or missing a deadline, where no sufficient explanation is provided.
A serious contravention occurred without a valid excuse:
This refers to repeated or deliberate non-compliance, especially where the breach has caused harm, disrupted parenting arrangements, or undermined the effectiveness of court orders.
If the court determines that a contravention of family court orders did occur without a valid excuse, the following penalties may be imposed, depending on the severity of the breach:
Amending or suspending the original orders:
The court may decide that the terms of the existing orders no longer serve the best interests of the parties involved, especially the children.
Ordering attendance at a post-separation parenting program:
This applies particularly in parenting matters where further education on co-parenting or communication is necessary.
Issuing a bond:
A good behaviour bond may be ordered for a set period, requiring the respondent to comply with certain conditions to avoid further penalties.
Awarding compensation:
The respondent may be required to repay the other party for costs incurred as a result of the breach, such as lost travel or work expenses.
Ordering payment of legal costs:
If the applicant had to go to court to enforce the order, the respondent may be required to cover some or all of the legal fees.
Mandating community service:
For more serious or repeated breaches, the court may impose a number of hours of unpaid community work.
Imposing a fine or custodial sentence:
In cases involving serious contraventions of family court orders, the court may impose a fine or, in very rare cases, a term of imprisonment to underline the importance of compliance.
Additional Notes:
Contravention orders in Sydney are handled with care, and the court considers the broader impact of each outcome on the family dynamic.
The respondent does not always need to be present for the court to make a ruling.
The court may also adjourn the matter to give either party time to seek legal advice, prepare additional evidence, or file new applications related to the breach.
By taking formal action through a contravention order, the applicant is asking the court to uphold the integrity of its previous rulings, while the court aims to enforce accountability and, where needed, adjust arrangements to better reflect current needs.
How Family Lawyers Can Help
Navigating a contravention matter can be legally and emotionally complex. Our experienced family lawyers provide comprehensive support to help you protect your rights and reach a fair outcome at every stage of the process:
Expert Legal Advice
Our family lawyers assess your unique situation and clearly explain your legal rights and options. Whether you're the applicant or the respondent in a contravention matter, we provide practical advice on the likely outcomes, legal thresholds, and how to present your position effectively.
Case Preparation
We assist in gathering relevant evidence such as parenting plans, text messages, affidavits, and court documents that support your claims. Our team ensures your case is well-organised, legally sound, and focused on the issues that matter most to the court.
Negotiation Skills
When appropriate, we explore alternative resolution methods, including correspondence with the other party or informal conferences. This approach can help avoid further conflict and save time and costs, especially if the breach can be remedied or explained outside court.
Court Representation
If your case goes to court, we prepare detailed submissions and represent you with professionalism. We focus on clearly communicating the facts, challenging weak arguments, and highlighting the impact of the contravention on you and any children involved.
Guidance Through the Process
Legal procedures can feel overwhelming. Our lawyers explain what to expect at each stage—from filing the contravention application to attending court hearings or follow-up compliance checks. We ensure you understand timelines, obligations, and possible penalties or outcomes.
Post-Hearing Support
After the matter is finalised, we help you understand any orders made by the court, advise on compliance, and guide you if additional steps—such as filing new parenting or enforcement applications—are necessary.
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Frequently Asked Questions
Yes, but the process can be complex. A lawyer can help ensure all documents are properly prepared and submitted.
The court will consider whether the breach was intentional and if a reasonable excuse exists. Not all breaches result in penalties.
In most cases, yes. However, there are exceptions for urgent situations or cases involving harm or abuse.
Unclear wording can sometimes lead to misunderstandings. The court may take this into account and clarify the orders going forward.
This varies based on the court’s schedule and the complexity of your case. Seeking early advice can help avoid delays.
Learn what steps you can take next.
Take Action Today with Justice Family Lawyers
If someone has failed to comply with your court orders, don’t wait. Justice Family Lawyers are here to help with everything from applying for a contravention order, to representing your interests in court. We understand how distressing a contravention of family court orders can be and are committed to achieving a fair and practical resolution.
Speak to our team of professionals with experience handling contravention orders in Sydney. Contact Justice Family Lawyers now for a confidential consultation and get the clarity and support you deserve.
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