An application for a contravention may be needed when one of the parties in a proceeding fails to comply with the orders. Orders made by the court are enforceable by law and the party who breached is liable to be penalised. The penalties for non-compliance with court orders can be significant, and can potentially include a custodial prison sentence.
Filing a contravention
The application for the contravention of court orders must be accompanied with a supporting affidavit, and a copy of the orders that you alleged were breached. In many circumstances, the application will also need to be accompanied by a certificate from a family dispute practitioner (alternatively, an affidavit for non-filing of a family dispute resolution certificate).
How can family court orders be breached?
A contravention may include:
1. Failing to comply with the orders;
2. Making no reasonable attempt to comply with the orders; or
3. Preventing or preventing another person from complying with the orders.
As the penalties for a contravention can be very serious, potentially including a term of imprisonment, it is vital to obtain legal advice from a specialist family lawyer.