Enforcement of Family Court Orders
Sometimes people try to avoid, or fail to comply with, Family Court Orders. Fortunately for you there are a number of options available to enforce orders under a family court order.
If the order is in the nature of an "injunctive" order the most appropriate mechanism for enforcement would be the filing of a contempt application that required the offending party to be arrested and either fined or, in severe cases, imprisoned.
Family Court Orders in Australia often require someone to pay money to another person.
The enforcement processes of the Family Court reflect the structure and enforcement mechanisms of the State Courts. Within Division 20 of the Family Law Rules 2004 there is provision for:
- Enforcement Hearings - also called an Examination Summons
- Enforcement Warrants - for the seizure and sale of assets including real property
- Third Party Debt Notices - also referred to in the state regimes as Garnishee Orders
- Appointment of a Receiver - for the management and sale of an asset or business
Rule 20.59 of the Family Law rules 2004, provides that if an order is made in favour of a person who is not a party to a case, the person may enforce the order as if the person were a party.
How the Family Law Court works
Like any Court, strict compliance with the Family Law Rules and use of the appropriate Court forms is a necessary prerequisite for the successful issue of the appropriate orders. Usually there is no filing fee payable. However the applicant will need to provide an undertaking or "security" to meet the expenses of the enforcement officer.
The Court has the power to impose sanctions for failure to comply with orders. Under section 114 of the Family Law Act the Court may make orders such as a Mandatory Injunction. This is an order requiring a party to do or to cease doing a certain act or acts. The sanctions the Court may impose for failure to comply with its orders include, in section 112 AD (2) the following:
- a bond
- a fine of not more than 60 penalty units and
- imprisonment
Call Streeterlaw Sydney Lawyers for a no-obligation phone consultation to discover your options in enforcing a Family Court Order.
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