In Australia, family court orders are legal directives issued by the Family Court or the Federal Circuit Court to establish arrangements and obligations regarding various family matters, such as child custody, visitation, and financial support. When a court order is issued, both parties involved are legally bound to comply with its terms. However, there are instances where one party, including a mother, may choose not to comply with the family court order.
The Family Law Act 1975 allows those who are accused of not following a court order to escape legal repercussions if they can provide a reasonable excuse. Section 70NAE states that the court will accept excuses such as not understanding the order, believing the actions were needed to ensure safety, and the duration of the violation being limited to the necessary time to protect a person or child.
If your ex-partner is not respecting or complying with the orders to your disadvantage, you should make an application to the court. The court may then take punitive action against the other parent for not adhering to the order.
This application for the breach of a parenting order must include a contravention application and an accompanying affidavit in support. Additionally, you will need either a certificate from a registered family dispute resolution practitioner or an ‘Affidavit – Non-Filing of Family Dispute Resolution Certificate’.
When a mother breaches a family court order in Australia, there can be serious consequences both legally and practically. Below is a list of legal consequences that can occur in such situations:
If a mother fails to comply with a family court order, the other party (typically the father) has the right to file a contravention application with the court. The court will then assess the breach and decide on the appropriate action. Possible legal consequences may include:
Each case is unique, and the consequences for breaching the orders can vary based on the specific circumstances and the court’s assessment. Family courts always prioritise the best interests of the child when making decisions related to breaches and enforcement of court orders. Accordingly, it is important for a mother to not contravene the order and to follow the parental plan or consent orders.
When a mother is not following court orders concerning parenting arrangements, it is essential to be aware of your legal rights. Lyons Law Group can provide assistance to make the process simpler. Our flat fee pricing for family law gives you an idea of costs up front, and our knowledgeable family lawyers can make the experience more positive. Reach out to one of our child custody lawyer from Lyons Law Group today to get in touch with a friendly lawyer.