What happens if you break a Family Law Order?

Contravening, or ‘breaching’ a Family Law Court Order is a serious matter and the Family Court of Australia can impose upon the offender a fitting punishment. Under the Family Law Act 1975 (Cth), there are a number of penalties available to punish the party who is found to have contravened Court Orders. The Court may make an order:

What happens if you don’t follow a divorce order?

Jail. If you are found in contempt of court, you could receive jail time for your failure to comply with your divorce order. Contempt of court is when you intentionally disregard a court order. Judges usually try less severe consequences such as a fine or paying your former spouse’s attorney’s fees before giving you jail time for contempt.

What happens if you breach a family court order?

The Court will, however, not know if the parties are not complying with final Family Court Orders of the nature detailed above in scenarios A or B – compliance of such Court Orders is therefore not, ordinarily, “policed” by the Court or Judge.

How to enforce a court order in divorce?

In some jurisdictions, this is called a motion to enforce. This is a legal extension from an existing case and usually requires the motion to be filed with the same docket number as the divorce.

Jail. If you are found in contempt of court, you could receive jail time for your failure to comply with your divorce order. Contempt of court is when you intentionally disregard a court order. Judges usually try less severe consequences such as a fine or paying your former spouse’s attorney’s fees before giving you jail time for contempt.

What happens when a parent breaks a court order?

An application for enforcement is made on a Form C79. Enforcement proceedings must be dealt with without delay and if possible, listed before the judge that dealt with matters previously. A hearing will be listed within 20 working days of the application been issued. What will the court consider when deciding to enforce an order?

Can a judge compel a spouse to follow a court order?

When a person receives an order in a divorce case, this order is backed up by the power of the court. If a spouse refuses to comply with the instructions included in the court order, there are usually ways to compel the spouse to follow the judge’s instructions.

How to enforce court orders in a divorce?

The judge will issue an order related to his or her findings. In making a ruling, the judge will make orders related to the findings in the hearing. This may include consequences that will be enforced in the event the violating spouse continues to not adhere to court orders. What Happens if a Spouse is Found in Contempt of Court?