Contravention Applications in Family Law proceedings are quite rare; some might say they are a waste of time and money.
A Contravention Application does not seek necessarily to ensure compliance with an Order but rather to punish a parent for breaching an Order.
Traditionally this was considered as a person with whom children live not complying with Spend Time Orders.
Contravention processes are by their nature legalistic (there are quasi-criminal penalties that can be, although are rarely, applied and they require a formal hearing).
The commencement of the new Federal Court and Family Court of Australia National Contravention List is intended “To address the expectation that all parties will comply with Orders of the Court and that alleged breaches of Court Orders will be taken seriously and will be dealt with quickly”.
One of the main questions I have been asked over almost 30 years of Family Law Practice is “Why can they get away with not turning up to take the kids?” The rationale (one I do not support) is that the Court cannot force someone to take “a benefit” being the benefit of time with the children.
If we approach Court Orders as being of benefit to the children, then surely a breach of those Orders as a general rule is potentially not in the children’s best interests and so could be dealt with as a contravention?
It is certainly time the Court took contraventions more seriously, hopefully the National Contravention List will see that happen.
If you are considering the breach of a Family Court Order or the other parent is breaching an Order, you need specialist legal advice.
Contact Tiyce & Lawyers. We’re here when you need us
