Court Order & Enforcement
Our Practices
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:
- Exchanging relevant information
For example, details about the child’s routine, schooling, health needs, and any practical issues affecting time arrangements or changeovers. - 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. - 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.
Let us help you
What our clients have to say
I first met Daniel Myers some years ago during the very early stages of my family law matter. I had a previous bad experience with another law firm and approached Daniel after receiving a recommendation from a friend. I was seeking legal counsel for a highly difficult and volatile family law matter which involved: family violence protection orders, an inter-state appeal to the high court and child custody.
As soon as I met Daniel I felt at ease and comfortable as Daniel would listen to all of my concerns and would provide me with clarity on a variety of issues. When carrying out his duties, Daniel would always go above and beyond to respond to me in a timely and prompt manner and as a result, I never felt left in the dark or unsure of anything. Regardless if correspondence was positive or negative, Daniel would inform me immediately and explained what was required next during every step of the legal process.
There were several legal appearances which required interstate travel in which Daniel would always arrive prepared for and on time. In addition to this, throughout our matter Daniel was always respectful, diligent and persistent. Even during the most challenging areas of the legal process, Daniel would persevere and explore every potential avenue, leaving no stone unturned. Some areas of the case were extremely complex however Daniel’s sound analytical skills and forensic approach to problem-solving ultimately led to us receiving a positive case outcome – one I thought at many a time to be almost impossible.
Daniel is extremely rational-minded and works impeccably well under pressure, his attention to detail is second-to-none. I had many stressful moments in which Daniel efficiently and effectively addressed my concerns. Daniel always acted in the best interest of myself and my child and every decision made was with the best of intentions.
Each interaction I had with both Daniel, and his co-workers, was always a positive experience.
If I ever require legal representation again in the future, or if I knew someone who required legal representation of their own, I would highly recommend Daniel or a member of his team.
Thank you so much for all of your help and effort – I will be eternally grateful.
David and Kerry were excellent and achieved the best outcome possible. I would highly recommend them.
I cannot recommend Schetzer Papaleo Family Lawyers enough! I have been so lucky having Kerry Ktenas as my lawyer. She has been incredibly supportive, kind and professional throughout a stressful separation and has kept me sane during difficult times. Thank you for helping me gain freedom and happiness in my life again!
The hardest part of making your way through court is finding a decent lawyer. It’s painful and I know because I just came out the other side. Of the 50 or so I would have contacted Daniel Myers is on another level. Most are only concerned with how much money they can get out of you while Daniel has a genuine interest in your file. He drills down, understands the law in detail and has an uncanny ability to nail the most relevant issues. Daniel protects his clients by providing them with intelligent wise thoughtful counsel.
I was basically set upon by a pack of wolves and as soon as the opposition knew I had Daniel in my corner. They always had the towel nearby ready to throw it in. They don’t want to take him on because it means they have to work. This is how my matter resolved. Navigating your way through a legal matter and or court is a blood sport so let me give you some real first hand advice to make it a whole lot easier and get the result you are seeking. Start with Daniel Myers and finish with Daniel Myers. Don’t waste your time and put yourself through the pain of finding a lawyer. I just gave you the best. Daniel Myers.
I have been dealing with Andrew Papaleo for the last six years and most recently Kerry Ktenas in regards to Family Law. This Firm is highly professional and child focused, all of my matters have been resolved in a cost efficient, honest manner with outstanding results.
I am so grateful to Schetzer Papaleo, they have been fabulous, they are very professional and have helped me through some very difficult times.
I am impressed that they are family focused and they have been great to work with. I would highly recommend their services.
The whole team are friendly, efficient and welcoming. Would recommend unhesitatingly.
Thanks to Andrew and the team for their professionalism and their support throughout the whole process. And for amazing result. A special thanks to David for taking on a difficult task.