Have you breached the Court Order
First, find out whether you might have actually breached (contravened) a Court Order by reading the information sheet When is a Court Order breached.
What a Court will do about breaches (contraventions) of a Court Order
If a Court finds that you breached (contravened) an Order without a ‘reasonable excuse’, the penalty will depend on the type of breach (contravention) and the particulars of your own case.
Essentially, what a Court will do will depend on:
- whether the breach is a minor or a major breach (a major breach might be not letting the other parent see the child at all);
- how many times you have breached the Court Order (once only, multiple times or a permanent ongoing breach);
- why you have breached the Court Order;
- the personal circumstances of your own case.
You should know the information in our information sheet as to when you may have an excuse for being in breach (contravention) of a Court Order that the Court will accept.
The Court might only issue a warning (for a minor breach) or for a more serious or repeated breach, they may Order you to:
- Attend a post-separation parenting program.
- Pay a fine.
- Pay all or some of the legal costs of the other side.
- Pay compensation or reasonable expenses lost as a result of the breach (contravention).
- Participate in community service.
- Enter into a bond.
- Be imprisoned.
Other things the Court can also do when they are looking at what to do after a Court Order has been breached include:
- Change (vary) the Order.
- Suspend the Order.
- Discharge the Order.
- Renew some or all of an earlier Order.
- Make an Order compensating the other person for lost time with a child.
- Adjourn the matter to allow either side to apply for a further (different) Order to be put in place.
Breaching Court or Consent Orders – More Information
The court will need to have before them, evidence of any breach of a Court Order. You can read our information sheet How do you prove a breach of a Court Order.
To get a court to do something after a breach of a Court Order read our information sheet How do I make a Contravention Application.
Please show support for our free service by liking our Facebook Page
Other Pages in the Court Orders Section
- When is a Court Order Breached (contravened)
- Can you have an excuse for breaching (contravening) a Court Order
- What happens if you prove (contravene) a Court Order
- How do you prove a breach (contravention) of a Court Order
- How do I make a Contravention Application
- Changing a Final Parenting Order: If other party agrees
- Changing a Final Parenting Order: If other party does not agree