When a party refuses to follow family court orders
Posted on 5 June 2023
Scott Cobbett
when a party refuses to follow family court orders
Sometimes one-party refuses to comply with a court order without a reasonable excuse, making life for the other party considerably more difficult and frustrating.
Depending on the type of court order there are legal tools available to enforce a court order.
Examples of orders that parties may not comply with
Court orders vary depending on the circumstances of your situation, however common breaches of court orders include:
Financial orders
- Refusing to pay a cash payment, a liability, a Centrelink debt, or child support;
- Refusing to sign a specific document (transfer of title, discharge authority);
- Fail to list a property for sale by private treaty or auction;
- Fail to transfer or deliver personal property;
Parenting orders
- Fail to return the children to the other parent;
- Fail to make the children available for telephone or Facetime calls.
How can I get the other party to comply with the court orders?
The Family Court Act 1975 (Cth) (the Act) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (the Rules) set out the ways parties can enforce court orders. These include applications for enforcement and contravention, depending on the type of contravention.
Enforcement – Application
Enforcement applications allow a party to apply for an order requiring a person to sign documents, an Enforcement Warrant, a Third-Party Debt Notice, an order for filing and service of a Financial Statement, or an order to produce documents.
Some court orders already include an order for the appointment of an officer of the Federal Circuit and Family Court of Australia to sign a deed or instrument (document) on behalf of the party refusing to sign.
Contravention – Application
Contravention applications are like enforcement applications, but the non-complying party may also be punished by the court for contravening a court order. The court may order the non-complying party to pay compensation, vary an existing order, or punish the person by way of fine or imprisonment.
Since the court may impose penalties on the non-complying party, these types of applications are treated in a quasi-criminal way and must meet a higher threshold.
If you have existing court orders and the other party is not complying with them, we can assist you to seek compliance through the Federal Circuit and Family Court of Australia.
HOW CAN OMNIA LEGAL ASSIST YOU?
If you are considering a separation or divorce and have concerns about your court orders that are currently in place, it is important to seek legal advice to understand your rights and options under the Family Law Act.
If you would like to schedule an obligation-free complimentary phone consultation to talk through your option, call (07) 5415 0248 or email info@omnialegal.com.au.
This article provides general information on legal topics for educational purposes only, and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors, and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.