An injunction is an order made by a court that requires a person to do, or refrain from doing, an act or thing. Read our article to find out more about injunctions.
Injunctions in children's matters
In Family Court proceedings involving children, the court may make an order or grant an injunction as it considers appropriate for the welfare of the child, (section 68B of the Family Law Act 1975).
An injunction may be made for the personal protection of a child. For example, you may seek an injunction in the Family Court that the other parent be restrained by injunction from allowing a third party to be in contact with the child, if there is evidence that the third party has abused or may abuse the child, or if there has been, or there is a risk of family violence in the presence of the child.
If you have evidence that the other parent is seeking to remove the child from the Commonwealth of Australia, you can apply to the Family Court to seek an urgent injunction restraining that parent from removing the child from Australia and placing the child's name on the Family Law Watch List.
An injunction may be made for the personal protection of a parent of the child, or person with whom the child lives or communicates with pursuant to a parenting order, or a person who has parental responsibility for the child.
An injunction may be made restraining a person from entering or remaining in a place of residence, employment or education of the child, of a parent or of a person with whom the child lives or communicates with pursuant to a parenting order, or a person who has parental responsibility for the child.
Injunctions in financial matters
In Family Court proceedings,the court may make an order or grant an injunction as it considers proper to do so, pursuant to section 114 of the Family Law Act 1975.
An injunction may be made for the personal protection of party to the marriage. For example, the court may grant an injunction for one of the parties not to abuse or harass the other party, or to come within 100 metres of the other party.
An injunction may be granted restraining a party from entering or remaining in the former matrimonial home, or the premises where one of the parties lives, or an area in which the matrimonial home or place of residence is. For example, the court may grant an injunction that one party is not be within 100 metres of the home of other party. Similar injunctions may be made restraining one party from entering the workplace of the other party.
An injunction may be made in relation to the property of the marriage. For example, if the former matrimonial home is only in one of the parties' names and there is evidence that they may seek to sell the property without your consent, then you may apply to the Court for an urgent injunction that the other party be restrained by injunction from selling the former matrimonial home.
An injunction may also be granted relating to the use or occupancy of the home. For example, you may seek an order that you have exclusive occupation of the home.
The Family Court will consider the following matters when determining whether to grant the injunction:
- Is there a serious question to be tried? In other words, does the person applying for the injunction have a case, and strong prospect of success.
- Where does the balance of convenience lie? The court will weigh the likely inconvenience or damage which would be suffered by the applicant if the injunction is not granted against the likely inconvenience or cost for the respondent if it is.
- Whether damages (monetary compensation) are an appropriate remedy.
- Whether the applicant has provide an undertaking as to damages.
If you require legal advice or assistance in relation to your family law matter, please contact us on (08) 9364 9915 or 0474 458 340.