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If a person has breached (contravened) a Court Order and you want to have the Court do something about it, you will need to file in the Court, an Application for Contravention using the specific forms the Court requires.
Before you file a Contravention Application you should make sure the Court Order has actually been breached and also, that the person does not have an excuse for breaching the Court Order the court is likely to accept.
Find out those answers to those questions in our fact sheets When is a Court Order breached and Is there a reasonable excuse for breaching a Court Order.
If the breach of the Court Order is considered by the Court to be a minor breach, the court may not look favourably on you filing a Contravention Application, as courts often consider dealing with a minor breach of a Court Order, a waste of time and resources.
If the breach is serious, repeated or ongoing, you may wish to file a Contravention Application in Court.
To file an Application for Contravention in Court you must:
There is a mandatory Application Form the Family Court requires you to use to file a Contravention Application. You can access the Application for Contravention form from the Family Court Website at this link.
To help you with the Affidavit you will need to file in support of your Contravention Application, read our fact sheet How to prepare an Affidavit.
If you file an Application for Contravention, then you should read our fact sheet How do you prove a breach of a Court Order.
Courts can enforce compliance with Orders. Our fact sheet explains What happens if you breach a Court Order.
Michelle Beatty, Senior Lawyer
Other Questions answered in the Court Orders & Consent Orders Section
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