What are the Consequences of Disobeying a Family Court Order?

August 9, 2024    Family Lawyers Perth
What are the Consequences of Disobeying a Family Court Order?

A court order is usually considered the last resort for resolving a dispute. Navigating these orders can be stressful, especially if they relate to your family. However, once the judge issues these orders, they are no longer a suggestion but an order that must be obeyed.

In this blog, we will break down the real-world consequences of disobeying such orders. We will see if such orders can be breached and whether it is a severe offence. Apart from this, we will also see if family lawyers in Perth WA can help you out. So, let’s continue reading to know more.

What is a family court order?

In simple terms, consent order family law can include decisions made by the judiciary body. Family law generally contains two fundamental orders: the parenting order and the financial order.

The parenting order is a compilation of orders that state the parenting arrangements for a child. It generally deals with who the child will live with and how much time they will spend with each parent. It also states how a parent will communicate with the child and deal with other aspects of the child’s welfare.

On the other hand, a financial order is a set of orders that deal with the division of property. It also deals with the decisions surrounding married or de facto maintenance. Additionally, it states the amount of money needed to be paid to the spouse at a given time. It also involves the transferring or selling a property, and the Perth Family Lawyers are qualified to deal with it.

What happens if you breach those orders?

When a family court issues parenting orders, they expect individuals to follow those arrangements. One must do everything the order states. This means they should take all necessary steps to follow the order.

The law in Australia additionally states that an individual cannot make it difficult for other people to comply with these orders. If such breaches happen, then some serious consequences may follow.

Actions that breach parenting orders

Listed below are some examples of when these orders are not followed:

  • If the Consent orders Perth states that the child is supposed to communicate with someone and an individual is not letting that happen, this can be considered a breach.
  • If the parenting order mentions that the child is supposed to live with someone, removing the child from their custody is considered a breach.
  • If the order mentions that a guardian has parental responsibility, then preventing that person from carrying out their responsibility can be a breach.
  • If the order states that the minor is supposed to spend time with someone, and if another person stops the child from spending time with them, it is considered a breach.

Depending on what the order mentions, it can be decided whether it has been breached. If you feel someone is not abiding by the parental order, contact a consent order family law Perth for assistance.

What are the penalties for breaching a family order?

As outlined in section 70NFB of the Family Law Act 1975, if the court rules out that a person has breached the order, then they may face the following consequences:

  • They can be imprisoned under section 70NFG
  • They can be fined up to 60 units
  • A parenting order will be passed again, compensating for the time the other parent did not spend with the child.
  • A parent will be requested to enter into a bond under section 70 NFG
  • An order will be passed which will require the person who breached the law to pay the cost to the other parent

What should you do if someone breaches the family orders?

The individual who has contravened a family order can be fined only if the other person associated files of contravention application. When the individual accuses their partner of non-compliance with the orders, they must provide the following documents in court:

  • A contravention application
  • An affidavit supporting the claim. An authorised witness must sign it
  • A document from a registered family court consent orders lawyers Perth.

In conclusion

In summary, we would like to say that we have discussed the consequences as well as actions to be taken in case someone disobeys a family court order. If you suspect that a family court order has been breached, then it is important to seek legal advice. The experienced and professional family lawyers in Perth can represent you in court and review your application process in such situations.

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