Steps to Take When a Court Order is Not Being Followed
1. Attempt Communication
Try to communicate with your ex-partner to understand why they are not complying with the court order. Sometimes, issues can be resolved through direct discussion or mediation.
2. Document Everything
Keep detailed records of all instances when your ex-partner did not comply with the court order. This includes dates, times, and any communication (texts, emails, etc.) related to the missed visits.
3. Seek Legal Advice
Contact a family lawyer for advice on your specific situation. They can guide you on the best course of action and help you understand your rights and options.
4. Apply for Mediation
Mediation services, such as those provided by Family Relationship Centres, can help both parties come to an agreement. Mediation is often a required step before going back to court.
5. File for Contravention in Court
If mediation fails or is not suitable, you can file a "Contravention Application" with the Family Court or Federal Circuit Court. This application is used to inform the court that the other parent is not following the court order.
Filing a Contravention Application
1. Complete the Forms
Fill out the necessary forms, including the "Application - Contravention" form and an affidavit supporting your application. These forms can be found on the Family Court of Australia’s website.
2. Provide Evidence
Attach evidence of the non-compliance, such as the records you’ve kept of missed visits and any communication showing attempts to resolve the issue.
3. File the Application
Submit the completed forms to the court. This can be done electronically through the Commonwealth Courts Portal or in person at a family law registry.
4. Attend the Hearing
The court will schedule a hearing where both parties will present their case. Be prepared to explain how the other parent has contravened the court order and the impact it has had on your relationship with your children.
Possible Outcomes
Enforcement: The court can enforce the order, ensuring future compliance.
Make-up Time: The court may order make-up time for the time you missed with your children.
Sanctions: The court may impose penalties on the non-complying parent, such as fines, community service, or, in severe cases, imprisonment.
Modification of Orders: If circumstances have changed, the court may modify the existing orders to better suit the current situation.
Important Legal Concepts
1. Contravention
A contravention occurs when a party fails to comply with a court order without a reasonable excuse. This can include not allowing the other parent to spend time with the children as ordered.
2. Reasonable Excuse
The court may consider certain situations as reasonable excuses for not complying with a court order, such as genuine concerns for the child’s safety.
Suggestions
Stay Calm and Objective: Focus on the facts and avoid emotional confrontations. This will help in presenting a clear and strong case.
Legal Representation: Consider hiring a family lawyer to represent you, especially if the situation is complex or highly contentious.
Child’s Best Interests: Always keep the child’s best interests at the forefront of any legal action you take.
If you need further assistance or have more specific questions, please let me know.
Valuable Law Firm's Insights for you
Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.
What types of child custody arrangements are available in Australia?
The types of child custody arrangements available in Australia are joint custody, sole custody, shared custody, and split custody. 1.Joint custody means both parents share the legal and physical care of the child or children, and decisions about the child's upbringing are made jointly. 2.Sole custody means one parent has the legal and physical care of the child or children, and makes all the decisions about the child's upbringing. 3.Shared custody means both parents have significant and substantial time with the child or children, and both are responsible for making decisions about the child's upbringing. 4.Split custody means each parent has sole custody of at least one child.
How is child custody decided in Australia?
Child custody is decided based on the best interests of the child, taking into account factors such as the child's age, health, relationships with each parent, and any history of family violence.
Can parents decide on child custody arrangements without going to court?
Parents can make their own arrangements through a parenting plan or consent orders, but these arrangements must still be in the best interests of the child. 1.A parenting plan is a written agreement between parents that outlines the arrangements for their child's care, including living arrangements, schooling, and contact with each parent. 2.Consent orders are legally binding orders made by a court, based on an agreement between the parents, that outline the arrangements for the child's care.
