Our Services
Enforcement of Agreements / Orders
Burra-Robinson Family Lawyers are here to help families navigate the difficult legal challenges around the enforcement of agreements and court orders
Enforcement of Family Court Orders Perth
It can be incredibly frustrating to have orders in place that the other party does not seem to comply with.
It can also be intimidating to have orders enforced against you when you do not fully understand the process. In either case, Perth family law firm, Burra-Robinson Family Lawyers can help you understand the process and get a game plan in place to help deal with the situation.
Family Court Orders
Family Court Orders regarding children’s matters and the division of property can be a complicated process, especially when contested matters take a considerable amount of time to settle. It can be extremely frustrating when the other party in the matter repeatedly breaks the Orders or refuses to adhere to them. There are legal options available to the aggrieved party, including the issuance of enforcement warrants and the initiation of enforcement or contravention procedures. This can be used to force the victim to comply with Court Orders. But it is crucial to consider the circumstances surrounding the breach before you pursue the available remedies.
The other party has not complied
If you believe that someone has violated (breached), an order, you have the right to:
- Get legal guidance
- Participate in dispute Resolution, and/or
- Apply to the Court
Family law orders can’t be enforced automatically by the courts. You must tell the Court about the problem in a written application or use one of the below processes. The Court determines whether an order is required to enforce an existing order.
Burra-Robinson Family Lawyers is a firm that has a wealth of experience in family law in Perth. Our Solicitors can advise clients about the best enforcement options and can assist in the pursuit of these options through Family Court.
The law governing the enforcement of financial orders
Enforcement law is complex. Before asking the Court for enforcement of a financial order, you should seek legal advice.
Part 11.1 of the Federal Circuit and Family Court of Australia (Family Law Rules 2021) outlines the rules that apply to the enforcement of financial orders.
Burra-Robinson Family Lawyers can assist you if you have property orders or a Binding Financial Agreements (BFAs) that have not been followed.
We can also assist you if you are not meeting your obligations under Court Orders (BFA) or a Binding Financial Agreement.
Feel free to contact our experienced team at Burra-Robinson Family Lawyers if you would like to arrange a confidential advice session.
FAQs About Enforcement of Agreements / Orders
The Child Support Agency can investigate and enforce payments. This includes collecting payment from employers, the tax office, and social security. It can also stop individuals from leaving the country if there are unpaid payments.
If someone has made a contravention application against you in the Family Court, it means that they are alleging that you have failed to comply with a court order or agreement related to parenting, property, or financial matters.
If someone is not following parenting orders that have been issued by the Family Court, there are several steps you can take:
- Talk to the other party: The first step is to try to resolve the issue by talking to the other party and discussing the reasons for the non-compliance. This may involve mediation or negotiation to find a solution that works for both parties.
- Send a letter of demand: If the other party is still not complying with the orders, you can send a letter of demand outlining the specific breaches of the order and requesting compliance within a certain timeframe.
- File a contravention application: If the other party continues to breach the orders, you can file a contravention application with the Family Court. This application should outline the breaches and provide evidence to support your claims.
- Attend a court hearing: The Family Court will schedule a hearing to consider the contravention application. At the hearing, the court will consider the evidence and decide whether the other party has breached the orders. If the court finds that a breach has occurred, it may impose penalties, issue warnings, or make new or varied orders.
It is important to seek the advice of a Perth family lawyer if you are experiencing non-compliance with parenting orders. Your lawyer can help you understand your options and represent you in court if necessary.
The Family Court has several options in response to a contravention application, including:
Issuing a warning: The court may issue a warning if it determines that a breach of the court order or agreement has occurred but decides not to take any further action.
- Imposing a penalty: The court may impose a penalty for the breach, which may include a fine, community service, or imprisonment in some cases.
- Making a new order: The court may make a new order to address the breach of the original court order or agreement.
- Varying the existing order: The court may vary the existing order to ensure that it is being followed correctly.
- Contempt of court: If the breach is serious, the court may find the person in contempt of court, which may result in fines or imprisonment.
It is important to seek the advice of a Perth family lawyer if you have received a contravention application, as the consequences of a finding of contravention can be significant. Your lawyer can help you understand your options and represent you in court.
Enforcing a Court Judgement
Navigating family law matters can be complicated, and you deserve the very best.