While it is typically a remedy of last resort, Courts can make orders for imprisonment if a person breaches orders without a reasonable excuse. Orders for imprisonment are usually only made when the breach is particularly severe or recurrent, or other contravention punishments (such as a fine or a good behaviour bond) would not be appropriate. Here are some examples of when breaching family law Orders has resulted in a prison sentence:

Polak & Polak (No 3) [2025] FedCFamC1F 275

Orders were made preventing Mr Polak from transacting on any marital assets (including bank accounts held solely and jointly). He was also required to file an Affidavit providing specific information regarding his business dealings. His Affidavit failed to provide adequate information, and he made transactions totalling $48,220. He was sentenced to six months imprisonment, of which he was to serve four months, and the final two months would be suspended with an 18-month good behaviour bond.

Farrington & Belkis (No 8) [2025] FedCFamC2F 1772

Orders were made preventing the Father from having any contact with the children. The Father subsequently contacted child X six times and child Y once. The Judge was satisfied that a fine would not be appropriate, in circumstances where the Father had an outstanding costs order of over $60,000. The Father was sentenced to four months imprisonment, where he would serve two months and the final two months would be suspended, subject to a 12-month good behaviour bond.

Woolly & Woolly [2023] FedCFamC1F 634

Mr Woolly received $450,000 from a WorkCover claim and was ordered to preserve $200,000 of those funds and to transfer them to the Wife’s solicitors. Mr Woolly disposed of all the funds and did not offer an acceptable explanation. He was sentenced to three months imprisonment, or until the $200,000 is transferred to the Wife’s solicitors, whichever is sooner, and a costs Order was made against him in the sum of $20,000.

Bellanger & Wemble (No 8) [2025] FedCFamC2F 1568 

The Father lived in Africa, and final Orders were made for the children to live with the Mother in Australia, have video contact with the Father twice a week and that the Father could spend time with the children in Australia when he visits. When the Mother travelled to Africa with the children to visit her family, the Father, aided by his family (including his grandmother) removed the children from her care, which involved the Mother being arrested. The children remained in Africa with the Father, and the Mother and paternal grandmother