If you breach a Consent Order, what happens?
Breach of a court Order has the same consequences whether it was made by consent or after a contested hearing.
Most often, the court will want to see the Order implemented and it can sometimes be the case that no other Orders that might otherwise be punitive in nature are made if it appears as though the Orders will be implemented in the future. For many people, the prospect of having to appear in court and answer questions about why they haven’t complied with an Order is sufficient to ensure compliance in the future without having to incur further penalties.
If the court intends to impose a penalty, it will look at the nature of the breach and whether it was a minor or major breach of the Consent Order. It may also consider how often and why the Consent Order has been violated when determining an appropriate penalty.
A court may only issue a warning for a minor breach of a parenting order or order that a party attend a parenting program after separation. It may, however, order a party to pay a fine or to pay all or some of the legal costs of the other side in more serious cases. Courts have the power to imprison parties for breaching court orders; however, this is a rare outcome and would require a serious breach.
Other things that the court can do if an Order has been breached include changing or varying the Orders, suspending an Order, or discharging an Order. In a parenting case, an order can also be issued compensating the other party for lost time with their child or children, if that is the nature of the breach.
If you have any questions in relation to If you breach a Consent Order, what happens? or consent orders please contact us to discuss your proposed agreement. We provide an instant quote for your agreement online that is fixed and includes all aspects of the documentation and submission process. General information about Kate Austin Family Lawyers can be found on our home page or if you would like information about our story or Rachel and Brendan there are links on our home page.
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This information is general in nature and cannot be interpreted as legal advice. Legal advice can only be provided by a qualified legal practitioner.