What Happens If I don’t follow my Family Court or Federal Circuit Court Orders?
The short answer is, you could go to gaol. It’s a little reminder of your old physics class in high school… for every action there is an equal and opposite reaction.
When someone is in contempt of a Court Order, they have seriously failed to understand that a Court Order is not a recommendation or guideline, it’s law. If you break a law, in any country or community there is punishment.
To highlight this the published case of Parrish & Gallejo (No 2) was decided by an eminent Judge whom we appear before frequently at the Commonwealth Court in Brisbane.
Mr Gallejo and Ms Parrish unfortunately could not reconcile or compromise their differences and the matter proceeded to Trial, which I would hasten to add is the worst possible scenario for any person to face. This is because if neither party can compromise, which means both parties do not get exactly what they were seeking, but something that they can both live with which is just and equitable given their particular circumstances.
Mr Gallejo was obviously not the type of person who would agree with anybody, as I have already said the other party was forced to take the matter back to Court, as Mr Gallejo refused to comply with an Order of the Court. In other words, it was going to be his way or the highway.
This common phrase is translated legally as “contempt” as Mr Gallejo’s arrogance and wilful disregard of the law saw him enjoying his festive Turkey and Plum Pud at a correctional centre, with rapists murders and a whole assortment of people he may not have usually associated with, and a criminal record to boot, which will last a lot longer than his marriage, it will be there for the term of his natural life. At this stage I did wonder for a moment if Mr Gallejo was thinking Christmas dinner with the in-laws was probably not as bad as his current situation.
So, take heed from Mr Gallejo’s sad tale, do not disobey a Court Order, a Court Order is a mandatory law that applies to the people it is directed to and must be complied with. If you don’t like the decision the Judge has made, listen to your lawyer and learn to negotiate and compromise with your ex or learn to love bunking with a stranger, you may become friends eventually.