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Separation can be a complex and emotional process, often presenting several challenges, including:

Emotional Stress: The emotional turmoil of ending a relationship can lead to feelings of sadness, anger, and anxiety, making it difficult to navigate the legal process.

Child Custody Issues: Determining custody arrangements can be contentious, as both parents may have different views on what is in the best interest of the children.

Financial Concerns: Dividing assets, determining property settlement, and managing debts, such as mortgage repayments whilst paying rent can create significant financial strain and disputes.

Communication Breakdowns: Poor communication between spouses can lead to misunderstandings and increased conflict, complicating negotiations and settlement discussions.

Legal Complexity: Understanding the legal requirements and implications of divorce can be overwhelming, especially if one or both parties are not familiar with family law.

Impact on Children: Ensuring that children are supported emotionally and psychologically during the speraration is crucial, and parents often struggle with how to handle this as children often become pawns.

Social and Family Pressure: Dealing with the opinions and expectations of friends and family can add to the stress of the separation process. There is always that person who says they know what to do "you don't needs a lawyer!" Experience has shown, it ends badly.

Moving On: After a separation, individuals often face challenges in rebuilding their lives, including finding new housing, establishing a new routine, and forming new relationships, especially when the parties are older.

Each seperation is unique, and the specific challenges can vary based on individual circumstances. Seeking professional guidance initially from a solicitor who specialises in family law, and when needed a barrister can be briefed.

Contact Steven Jones for a free 15 minute consultation

WHAT TO DO WHEN COURT ORDER ARE BREACHED.
The Federal Family Circuit of Australia has the jurisdiction to make various parenting orders under the Family Law Act 1995 (Cth) The court makes parenting matters to keep children safe, and so that they can enjoy a meaningful relationship with both of their parents.

If either party fails to comply with a parenting or made by the court, the objecting party can file a contravention application in the Federal Family Circuit court.

All court orders made by the Family Court of Australia are legally enforceable, and you must take reasonable steps to comply with an order. A contravention of parenting orders occurs when:
• you intentionally disobey the conditions of the order
• you do not make a reasonable effort to comply with the order
• you intentionally prevent another person from complying with an Order that has been taken out against
them
• you help a person to breach the conditions of an order

You may not have intentionally set out to contravene the parenting orders.

REASONABLE EXCUSES for contravening an order include:
• lack of understanding of what the order required you and the other party to the order had to do
• the child’s safety was in danger because of family violence
• the child’s safety was in danger because someone in the vicinity was consuming illegal drugs
• you only contravened the order for a reasonable period

WHAT ARE THE PENALTIES
If the court determines that a person has failed to comply with parenting orders, then the court has the jurisdiction to impose a punishment, or they can make a new order.
The court may decide to:
• require you to make up time, to compensate for the time that was missed;
• require you to attend a post-separation parenting course;
• require that you enter into a bond for a certain period, such as requiring you to attend counselling for two years, or be of “good behaviour” for two years;
• vary the existing order;
• require that you undertake community service;
• issue you with a fine;
• order you to pay the other party’s legal costs; and/or
• sentence you to imprisonment of up to 12 months.

The court normally reserves imprisonment for the most serious cases only, such as if you have a history of contravening court orders, or if you try to take your children out of the country without obtaining authorisation from the other parent.

HOW SERIOUS IS A CONTRAVENTION BREACH?
If a parent has not complied with the court order, the court’s first course of action is to determine whether or not the original order should be varied so that future breaches can be avoided.
In most cases, the court will make an order for you to make up the time, and to attend a parenting course. The courts will be more lenient if it is the first time that you have breached a parenting order.
If you consistently contravene the court orders, then you will be liable to tougher penalties. The court will consider the seriousness of your actions, and the circumstances surrounding the non-compliance.

HOW TO APPLY FOR A CONTRAVENTION APPLICATION
Before you make a Contravention application to the Family Court of Australia under Division 13A of Part VII of the Family Law Act 1975 (Cth), you must first make a genuine effort to resolve the matter privately, or use a family dispute resolution service.
If you decide to make a contravention application, you will need to file:
1. An application with details of the alleged contravention
1. Make sure you are specific on time and date each time an order is breached.
2. If there are multiple breaches on multiple dates, record that breach separately.
2. Write an affidavit, outlining the time and date of the breach and include evidence of your claim.
3. Include a copy of existing orders in your submission, as an annexure to your affidavit.
4. Email your contravention application with your signed affidavit, court orders and evidence to National Contravention List <contraventionlist@fcfcoa.gov.au


Steven Jones is prepared to give you a free 15 minute consultation on how to file a contravention application.