My ex-partner isn't following the court orders about our children What can I do?
Contravention orders
Orders the Court can make in contravention proceedings
The kind of orders you might expect will depend on the outcome of your hearing, for example whether a contravention was found, whether the Court accepted there was a reasonable excuse, and how serious the contravention is. This will also depend on whether or not there had been a previous proven contravention of the orders.
The Court can make the following orders in contravention proceedings.
A. Where the contravention is not proved
- An order varying the order alleged to have been contravened.
- An order that one party pay some or all of the other party’s legal costs.
B. Where the contravention is proved and the respondent has a reasonable excuse for the contravention
- An order varying the contravened order.
- An order that one party pay some or all of the other party’s legal costs.
- An order for make up time for the time the person did not spend with a child, or for the time the child did not live with the person, as a result of the contravention.
C. Where
- the contravention is proved; and
- the respondent does not prove a reasonable excuse for the contravention; and
- there have not been previous court proceedings where a contravention of the same order was proved; and
- the Court is not satisfied that the respondent has behaved in a way that shows a serious disregard of his or her obligations under the order he or she has contravened
- An order varying the contravened order.
- An order that one party pay some or all of the other party’s legal costs.
- An order directing the respondent, or the respondent and another party to the contravention proceedings, to attend a post-separation parenting program.
- An order for make up time for the time the person did not spend with a child, or for the time the child did not live with the person, as a result of the contravention.
- An order that the respondent pay some or all of the expenses incurred by the person who did not spend time with a child or with whom a child did not live as a result of the contravention.
- An order requiring the respondent to enter into a bond.
- An order adjourning the case to allow either or both parties to vary the contravened order.
D. Where
- the contravention is proved; and
- the respondent does not prove a reasonable excuse for the contravention; and either-
i. there have been previous court proceedings where a contravention of the same order was proved; or
ii. the Court is satisfied that the respondent in the current contravention has behaved in a way that shows a serious disregard for his or her obligations under the contravened order
- An order varying the contravened order.
- An order that the respondent pay some or all of the applicant’s legal costs.
- An order imposing a term of imprisonment for a maximum of 12 months.
- An order imposing a fine up to a maximum of $6,600.
- An order that the respondent enter into a bond.
- An order for make up time for the time the person did not spend with a child, or for the time the child did not live with the person, as a result of the contravention.
- An order that the respondent pay some or all of the expenses incurred by the person who did not spend time with a child or with whom a child did not live as a result of the contravention.<'OL>
- Any other order the Court considers necessary to ensure the contravened orders are followed in the future.