Updated: Oct 12
Contravention orders are a key part of family law, especially when enforcing court orders relating to parenting arrangements, child support, or property settlements.
People generally seek these orders when someone fails to comply with a court order, and understanding how they can affect you (and your family) is critical for everyone involved.
In This Article:
What are Contravention Orders?
Firstly, contravene means to go against or act contrary to something.
A contravention order lets one party seek enforcement when another party fails 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 failing to comply with parenting arrangements, failing to meet property settlement obligations, or failing to make child support payments.
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 The court order must be clear, specific, and not ambiguous. This order may relate to parenting arrangements, child support, or property settlements, among others.
Contravention The respondent must have failed to comply with the terms of the court order, in whole or in part.
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 following agreed visitation schedules or allowing a child to spend time with the other parent as required by the court order.
Non-payment of Child Support
If one party fails to make required child support payments, you may seek a contravention order.
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
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
You file the application for a contravention order with the Federal Circuit and Family Court of Australia. The application should describe the contravention and include evidence to support your claim.
Attend Court Hearings
Once you file the application, the court will schedule a hearing. Generally, both parties must 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, the parties must engage in orderly conduct and communication for the children's wellbeing.
Note that a contravention may be remedied before an application is made, but not always. This is where engaging a dedicated, experienced lawyer is invaluable, as they can help ensure your rights and obligations are 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 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 note, however, that once orders are made, you should always clarify any terms you do not understand to ensure you understand 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, community service, or payment of the Applicant's legal costs. In some circumstances, the Court may also order imprisonment.
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, 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.
If 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 orders have been made, remember that the Court has considered your situation and made a decision it believes is in the best interests of the parties.
Breaking orders can have serious consequences, including affecting your relationship with your children, the amount of assets awarded to you in a property settlement, or arrangements for spousal maintenance or child support.
That is why we always recommend that, at all stages of a family law matter or divorce, you engage an experienced lawyer to ensure you understand your obligations and protect 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 protect your rights and ensure any issues are addressed and resolved effectively.
If you believe a court order has been contravened, take swift action to ensure the breach is resolved.
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 are those of the author and may not necessarily represent the views and/or opinions of RHC Solicitors.
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