How To Report A Breach Of Family Court Order in Australia

This blog post is made to help you understand what steps to take if a party breaches a family court order.

Our goal is to make this process less confusing for you. Read on to learn how you can handle this situation.

Step-by-Step Process on How to Report A Breach of Family Court Order

Discover the step-by-step process on how to report a breach of a Family Court order, guiding you through each necessary action.

Step 1: Gather Evidence

Start by gathering all relevant evidence whether it is for a breach of an AVO or child custody court order. This includes any documents, witness statements, or records that show how the order was broken. It’s crucial to have clear and organised proof to support your claim, as this forms the foundation of your report.

Step 2: Consider Family Dispute Resolution (FDR)

FDR offers a confidential space to discuss the breach directly with the other party, potentially resolving the issue without escalating to court. It can be cost-effective, less stressful, and sometimes mandatory before filing a formal complaint. However, if FDR proves unsuccessful or the breach is serious, the next step involves initiating legal action. Stay tuned for details on navigating the official reporting process.

Also read: What is an ex-parte application for child custody?

Step 3: Prepare Application Documents

Once you decide to proceed with formal reporting, you must arm yourself with the right paperwork. This involves completing an Application for Enforcement of Orders form, outlining the specific breach and its impact on you and your family. Gather supporting evidence, such as emails, texts, or witness statements, to strengthen your case. Remember, the more detailed and documented your application, the stronger your position in court.

Step 4: Attach Supporting Documents

Attaching supporting documents to your application is crucial. These documents provide evidence and context to your claim. Make sure to include a copy of the original court order, any evidence you’ve gathered, and the certificate from Family Dispute Resolution (FDR) if it was completed.

Attachments Needed

• Copy of the original Family Court order.
• Evidence supporting the breach (e.g., emails, messages, witness statements).
• Family Dispute Resolution (FDR) certificate (if applicable).
• Any other relevant documents that substantiate your claim.

Step 5: File the Application and Pay the Fees

You must officially file your Application for Contravention and pay the necessary fees. This is done at the Federal Circuit and Family Court of Australia. It’s crucial as it formalise your complaint and sets the legal process in motion. Remember, paying the filing fees is mandatory for the application to be processed and considered by the court.

The specific amount of the filing fee for the Application for Contravention can vary and should be confirmed with the court or on its official website.

Step 6: Serve the Application

Now, it’s time to ensure the other party receives a formal notification of the alleged breach. You can arrange for service through the Family Court for a fee, or handle it yourself through an authorized process server. This ensures they are officially informed of the complaint and their right to respond. Remember, proper service is crucial for the court to proceed, so be sure to follow the correct procedures.

Step 7: Attend Court Hearings

After the application is served, both parties may be called to attend court hearings. However, the process can vary depending on the seriousness of the breach and the judge’s discretion. Here’s what to expect:

• Conferences: The judge may hold preliminary conferences to clarify issues, consider possible resolutions, and set a timeline for proceeding.
• Mediation: The court may encourage mediation to explore amicable solutions without a formal hearing. This can be beneficial if both parties are open to resolving the matter privately.
• Hearings: If mediation proves unsuccessful or the breach is severe, a formal hearing will be scheduled. At the hearing, you and the other party will present your arguments and evidence to the judge.

Pro Tip:

• Prepare thoroughly: Review your application, evidence, and witness statements beforehand. You may also want to seek legal advice or representation for complex cases.
• Dress professionally and arrive on time.
• Maintain composure and focus on presenting your case calmly and factually.
• Listen attentively to the judge’s instructions and respect their decisions.

Remember, attending court can be nerve-wracking, so prioritize self-care and seek support if needed.

Step 8: Present Evidence and Arguments

Presenting evidence and arguments is your opportunity to make your case in front of the court. This step occurs during the court hearings. You’ll need to clearly and effectively present the evidence you’ve gathered, along with any arguments that support your claim of a breach. It’s also the time to explain how the breach has impacted you or your children. The other party will also have the chance to present their side. The quality and clarity of your presentation can significantly influence the court’s understanding and decision on the matter.

Step 9: Await Court Decision

After the hearings and presentation of evidence and arguments, the court will deliberate and decide the alleged breach. This decision will be based on the evidence presented, the arguments made, and the legal standards applicable to the case. It’s a period of waiting, during which the court may take time to thoroughly consider all aspects before delivering its judgment on whether a breach occurred and what the consequences or remedies will be.

Also read: Losing Credibility in Family Court: The Downward Spiral in Australian Legal Battles

Step 10: Appeal

If you are dissatisfied with the outcome, you have the right to challenge the decision in a higher court. This step is particularly important if you believe there has been a legal error or a misinterpretation of the evidence during the initial proceedings. However, it’s crucial to note that appeals are typically granted under specific circumstances and require a strong basis for reconsideration. Therefore, carefully consider the grounds for appeal and seek legal advice to understand the feasibility and implications of this step.

How to Report a Breach of Family Court Order?

Struggling with a breach of a Family Court order? Let Justice Family Lawyers guide you through the process. Our expert team understands the complexities and emotional challenges involved. We’re here to provide personalized, legal support and ensure your rights are protected. Don’t navigate this journey alone; contact Justice Family Lawyers today for a consultation and take the first step towards resolving your Family Court concerns.