When will a Court find a Court Order (or Consent Order) has been contravened (breached)
It is important to know:
- how to comply with a Court Order;
- when something you do may breach (contravene) a Court Order;
- whether it is a breach if your former partner is not following the Court Orders.
In the Family Court and Federal Circuit Court, the legal term they use for ‘breaching’ a Court Order, is to ‘contravene’ a Court Order.
Breaching a Court Order is the same thing as contravening a Court Order.
The Court will often refer to a breach of a Court Order as a contravention of a Court Order.
You will breach (contravene) a Court Order (including a Consent Order) if you:
- Intentionally fail to comply with the Order.
- Make no reasonable attempt to comply with the Order.
- Intentionally prevent another person who must comply with the Order, doing so.
- Aid or abet (assist) a breach (contravention) of the Order by a person who must comply with it.
- This means, you can also breach a court order, if you stop another person complying with an Order which applies to them, or if you help someone breach a court order.
Breaching Court or Consent Orders – More Information
You may also want to read the information in our information sheet about whether you can have an excuse for breaching a Court Order.
Courts can enforce compliance with Orders. We have a separate information sheet explaining what happens if you breach a Court Order.
See also our information sheet as to how you prove a breach of a Court Order.
If you want to have the Court take action about a breach of a Court Order, you can read how to do that in 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