Court Order & Enforcement

Court Order & Enforcement

Many parenting matters can be resolved without going to court. Treating court proceedings as a last resort can reduce stress for children, keep decision-making in the parents’ hands, and minimise time and legal costs. In most cases, the best starting point is open communication and a genuine attempt to reach practical, child-focused arrangements through negotiation or mediation. However, court intervention may be necessary where:

• Safety concerns are present.
• Communication has broken down.
• The other parent refuses to engage or comply.
• Family violence is an issue, including where a full intervention order (with no exemptions) applies.
• Clear, enforceable arrangements are required for a parent to spend time with a child.

In most non-urgent parenting matters, the court expects parties to take reasonable steps to resolve the dispute before filing an application. This usually includes:

1. Exchanging relevant information
   For example, details about the child’s routine, schooling, health needs, and any practical issues affecting time arrangements or changeovers.
2. Negotiation
   This may occur directly between parents or through solicitors. Negotiations can take place by discussion or correspondence and should focus on workable, child-centred proposals.
3. Family Dispute Resolution (FDR)
   Attending mediation with an accredited Family Dispute Resolution practitioner is required in most cases. A section 60I certificate must generally be obtained before applying to the court for parenting orders.

There are exceptions to these requirements, including urgent matters and cases involving family violence, child abuse, or serious risk, as recognised by the legislation and court rules.

Once parenting orders are made, they are legally binding. If a party fails to comply, the options available will depend on the nature of the breach and the urgency of the situation. Where enforceable orders exist and are not followed, the court can:

• Make further orders to enforce compliance
• Deal with breaches through contravention proceedings
• Consider penalties or remedial measures where appropriate

Court proceedings are generally a last resort. Wherever possible, negotiation and mediation are encouraged so parents retain greater control over outcomes and can tailor arrangements to suit their child’s individual needs. When court intervention is required, we guide you through the process with clarity, care, and a strong focus on your child’s best interests.

When Orders Are Not Followed

As far as parenting matters are concerned, breaches of court orders may include failing to facilitate time with a child, withholding information, refusing changeovers, or acting inconsistently with communication provisions. Not every breach, however, requires court action. It is up to the court’s assessment as to whether the contravention of the court order or agreement is significant, rather than technical or minor. Before proceeding with the enforcement of a court order, similarly with a number of other matters involving family law, it is appropriate to consider whether clarification, practical adjustments, or negotiations will suffice to resolve the matter at hand.

Contravention & Enforcement Applications

Ongoing or serious non-compliance can prompt the requirement of a formal contravention or the enforcement of a court order. In response to these applications, the court applies specific legal standards that look into whether the breach of the court order or agreement occurred, if there was an excusable reason, and whether the accused party made genuine attempts to comply.

In the context of parenting matters, possible remedies include make-up time, attendance at parenting programs, fines, or, in more severe cases, changes to primary care arrangements. Should a child be wrongfully withheld, recovery orders may be enacted to secure the immediate return of the child. Applications of this nature are treated with utmost urgency and careful preparation.

Evidence That Helps

Strong evidence is vital to the success of any contravention application and the enforcement of court orders.

Useful evidence often includes logs of missed time or failed handovers, written correspondence between parties, third-party records such as school or childcare reports, and other documents containing relevant information. Evidence that shows reasonable attempts to resolve the issues before taking a matter to court is equally important, as it can significantly influence outcomes and subsequent orders.

Prepare your application with our team of industry-leading experts to ensure that it is focused, proportionate, and well-supported.

Our role

The experienced teams of Schetzer Papaleo Family Lawyers take a fast, strategic approach to contravention and enforcement issues. Identifying risks, urgency, and the most effective pathway forward are the main focuses of our initial assessment. This helps us make informed evaluations of evidence strength, the likely court responses, and the cost-benefit of different options.

Following the initial assessment, we draft targeted applications and represent clients in agreement and court order enforcement proceedings with an emphasis on achieving practical outcomes that protect your best interests. For relevant cases, we also offer advice on defensive strategies for clients responding to an alleged contravention of a court order or agreement.

Get a Precise Action Plan Today

When there is a failure to comply with court orders, delay can weaken your position and prolong the uncertainty of your situation. Whether you are seeking the enforcement of court orders or responding to allegations, early and focused advice is essential to your position.

Get a precise action plan today by having a conversation with the team at Schetzer Papaleo Family Lawyers and take confident steps toward restoring compliance and certainty. Call us at +61 3 8602 2000 or email us at admin@spfamilylawyers.com.au today.