If someone is not following a parenting order made by the Family Court, you may be able to file a contravention order application.

This legal process is designed to ensure that court orders are followed and to address breaches when they occur.

In Brisbane, as in the rest of Australia, the Federal Circuit and Family Court of Australia (FCFCOA) handles these applications, and there are specific legal steps you must take to prove a contravention.

What Is a Contravention Order?

A contravention order is an application made to the Family Court when one party fails to comply with an existing parenting order. This could include:

• Withholding a child from the other parent when there is a parenting order in place.
• Failing to return a child at the agreed time.
• Preventing communication between a child and the other parent when the order allows for it.
• Interfering with parental responsibilities outlined in the order.

Not all breaches automatically lead to legal consequences. The court will assess whether the contravention was intentional, reckless, or had a reasonable excuse before deciding on an outcome.

Key Takeaway: If the other parent is not following a court order, you can take legal action, but the court will consider whether the breach was deliberate.

Also read: How Much Does Divorce Cost Australia: 6-Point Comprehensive Guide

Steps to Apply for a Contravention Order

If you believe a parenting order has been breached, you must follow these steps:

1. Attempt Dispute Resolution

Before applying to the court, you are generally required to try family dispute resolution (FDR) unless there are serious safety concerns, such as domestic violence. A certificate (Section 60I Certificate) from an accredited family dispute resolution practitioner may be required.

2. Gather Evidence

To strengthen your application, collect evidence such as:

• Text messages or emails showing refusal to comply.
• Witness statements from family members or professionals.
• Diary records of missed visits or withheld communication.

3. File a Contravention Application

You will need to complete and file an Application – Contravention form with the Federal Circuit and Family Court of Australia. Supporting documents, including an affidavit detailing the alleged breach, should be included.

4. Attend the Court Hearing

The court will hear both sides before making a decision. If the breach is proven, the court can:

• Enforce the existing order.
• Vary the order if needed.
• Impose penalties, which could include a warning, fines, community service, or in extreme cases, imprisonment.

Key Takeaway: You must show evidence of the breach and go through dispute resolution before filing a contravention application, except in urgent cases.

Defences to a Contravention Application

If you are accused of breaching a parenting order, you may have legal defences, including:

• Reasonable Excuse: You had a legitimate reason for not complying (e.g., protecting the child from harm).
• Misunderstanding: The order was unclear or ambiguous.
• Uncontrollable Circumstances: Something beyond your control prevented you from following the order (e.g., medical emergencies).

Key Takeaway: If you have been accused of breaching a parenting order, the court will consider whether you had a valid reason for non-compliance.

Possible Penalties for Breaching a Parenting Order

The Family Court has several enforcement options, depending on the seriousness of the breach. These include:

• Make-up time: Granting extra time with the child to compensate for missed visits.
• Warnings: A formal notice that further breaches may lead to penalties.
• Fines or compensation orders: Payment for legal costs or other financial losses.
• Community service orders: Requiring the non-compliant party to perform unpaid work.
• Imprisonment: In severe cases, the court can issue a jail sentence.

Key Takeaway: The court can impose various consequences if a parenting order is breached, ranging from make-up time to serious penalties.