The Family Court is a stressful place to be, yet it is important to put any emotion and any anger aside whilst respecting court orders that are part of your case. If you are unhappy about your court orders – please do not breach them but instead speak to your Lawyer who apply to vary them for you.

Breaching a court order is a punishable offence

Any breach of a court order is taken extremely seriously, and Judges have a number of punishments available for parties who breach court orders, depending on how severe the breach is. Sometimes breaches occur due to accidents and unforeseen circumstances such as a parent or child being sick, and a court usually won’t penalise a party under these circumstances.

What are the penalties for breaching court?

One common way that Family Court Judges penalise parties who breach court orders is to order make up time with the parent who has missed out on having time with the child. If a parent has breached orders repeatedly for example if they are back in court for a second or third breach application, Judges can revoke existing orders and order the child to live with the other parent who has not been in breach.

Other punishments that Judges can hand down for parties who knowingly and repeatedly breach court orders include fines, imprisonment for contempt of court and being put on good behaviour bonds. Being jailed is rare but always a possibility, so never underestimate it as a punishment for breaching court orders.

Being called into court for breaching orders (as the parent in breach) is an expensive experience and be careful as if you are the parent who is in breach, costs can be awarded against you by the other parent.

Whatever is the case, don’t contravene any family court orders and instead speak to us as we can apply to have your orders varied if they are unworkable, unfair or your circumstances have changed. Learn more about parenting plans and disputes.

Last updated on April 9th, 2019 – Written by Jeremy Maspero.

Jeremy Maspero is a family law lawyer with a diverse range of experience and skills. With the experience you need and results you want, contact Jeremy today for a consultation to understand how he can help you on 02 8052 3322 or jeremy@masperolegal.com.au.


Disclaimer: The legal content on this website is produced by lawyers at Maspero Legal. It is offered for general interest only and should not be construed as specific legal advice as every situation is different. People seeking legal advice relevant to their particular situation are encouraged to contact a lawyer from Maspero Legal.

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Bryan De Souza
Bryan De Souza
22:32 12 Jul 19
We highly recommend Jeremy and his Dad for their professionalism in our dealings with them. All our requests were complied with after some very good advice and guidance in the compilation of both our Wills. Also, visiting the client at their home is a wonderful idea and most helpful.
Jonathan Perrin
Jonathan Perrin
09:16 02 Jul 19
Jeremy and Jim provide a great service by making this process as simple as providing the requisite information and then visiting us at home at a mutually convenient time to complete the process, including printing and signing. All for a fixed fee which is less than what most lawyers charge and no "postcode tax". Highly recommend.
Sumi Mahendran
Sumi Mahendran
11:00 21 Jun 19
Jeremy was knowledgeable, responsive and efficient in drafting my will. I would recommend him.
Tracey Chaffer
Tracey Chaffer
09:39 20 Jun 19
We had our legal docs created by Jeremy and Hanson in the comfort of our home. This was a super easy process and best of all did not have to try and arrange a morning off work. They provided great advice and a short time later we had all our legal documents ready to go.
Linda Fox
Linda Fox
06:49 03 Jun 19
A great service ,friendly and professional. Would definitely recommend this service.
Greg MacDonald
Greg MacDonald
00:26 28 Apr 19
Great service. Came to our home to update our wills. The process was quick and easy.
Claudia Cicero
Claudia Cicero
08:49 27 Apr 19
My husband and I were so impressed with the professionalism and knowledge from Maspero Legal. Easy to work with and super efficient! They even came to our home and made the entire experience very easy. Would recommend 100%!!! 👍
Jane Dawson
Jane Dawson
08:07 03 Apr 19
We can't thank Jeremy and Hanson enough for helping make our WILL and Power of Attorney so easy to understand and put into action. Its been one of those things we kept putting off, "its done:)" They came round and even waited for me while I had an appointment, they are both very approachable and explained everything very clearly. We would certainly recommend Maspero Legal and if we need legal advice this is certainly where we will go. Thank you so much guys:)
Roxana Paola Gutiérrez Pérez
Roxana Paola Gutiérrez Pérez
08:45 19 Feb 19
Jeremy offered us a very quick, friendly and professional service. Things were done in a way that suited our busy lifestyles. Also He is very keen to guide you through the process. Highly recommend him.
Steve Mckay
Steve Mckay
04:32 31 Jan 19
It was reassuring whilst knowing getting the right advice upfront assisted in my decision to moved forward with my intentions.. it was a pleasure and rapid response.. Highly recommend to anyone.
Jessica Mackenzie
Jessica Mackenzie
09:41 25 Oct 18
My partner and I both Have been respresented by Maspero Legal and both have come out with great outcomes, would definitely recommend to anyone, easy down to earth people who are willing to listen and help out when needed.
Janine Starr
Janine Starr
21:41 23 Sep 18
Jeremy helped our family at a difficult time with a Saturday mobile visit. His service was great, everything was explained and he made us all very comfortable. 8 documents in all and very reasonably priced. Thank you again.
Daniel Ettenhofer
Daniel Ettenhofer
22:22 25 Jul 18
It was quite a simple process when setting up our will and enduring power of attorney with Jeremy. He came to our home at a convenient time, had documents drafted for our review and answered all of our questions. The experience was a lot easier than having to complete this via email, or visiting the solicitor in their offices.
James willoughby
James willoughby
10:41 16 Jul 18
Jeremy made making of our wills really an easy process, home visit makes it so much easier. Thanks ... it only took as 10 years of planning .....
Peter Watson
Peter Watson
09:47 06 Jul 18
My wife and I used Maspero Legal to draw up our Wills and power of attorney. Jeremy made the process so convenient by coming to us and he patiently answered all our questions. It was very quick and easy. I would highly recommend their services.
Ken Reid
Ken Reid
06:43 22 Jun 18
Jeremy was knowledgeable, helpful and incredibly flexible when agreeing to meet us. He looked up additional information and was incredibly patient when we struggled with some major decisions. Would highly recommend.
Christine Dyer
Christine Dyer
21:28 14 Jun 18
What a great service Maspero Legal supply. From my first phone call with Jeremy to the signing of my documents last night (that's right in my home at a time that suited me) he has been helpful, informative, friendly and polite. I would thoroughly recommend them. It was a pleasure to meet Jeremy and Hanson and finalize my paperwork. Thank you.
Josh T
Josh T
02:22 01 Jun 18
Maspero legal were very responsive and helpful from the start. I didn't expect a reply until the weekday, that's service! Having never needed a lawyer they also took the time to explain the legal process and laid out realistic expectations right from the start. Highly recommended.
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