Parenting orders create legal obligations and are legally enforceable by the parties. The Court expects that all parties will follow parenting orders.

The parties are usually given a copy of the Court’s information sheet Parenting orders – obligations, consequences and who can help.

If one party contravenes (fails to follow) a parenting order (that has not been changed by a subsequent parenting plan [Family Law Act 1975 (Cth) s 64D]), the other party may file a contravention application with the Court [Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 11.64].

A contravention application must be filed with a copy of the parenting order that has allegedly been contravened, a supporting affidavit, and a family dispute resolution certificate (see Coming to an agreement for the circumstances in which such a certificate is not required). A contravention application cannot be filed through the Commonwealth Courts Portal but must be emailed to contraventionlist@fcfcoa.gov.au.

There is no fee to lodge this application, but cost orders can be made against an applicant in certain circumstances (for example, where a contravention is not established).

It is important to obtain legal advice before making an application. A party should consider what result they are seeking before applying to the Court. They should also consider whether a different application may be more appropriate. If, for example, the other party is refusing to return a child, an application for a location and recovery order may be more appropriate - see What if one parent refuses to return the children?.

When is proof required?

The Court may make certain orders without finding that a party has contravened a parenting order. At any stage, the Court may:

Some orders require the Court to be satisfied that a parenting order has been contravened. If the Court is satisfied, on the balance of probabilities [s 70NAE], that the respondent has contravened a parenting order, the Court may:

If the Court is satisfied beyond reasonable doubt of a contravention, it may impose a fine or imprisonment [s 70NBF(1)(d)].

The Court will impose orders it considers appropriate in the circumstances of the case, having regard to the seriousness of the contravention and the best interests of the child.

Reasonable excuse

The respondent may admit to a contravention but ask the Court not to make orders on the basis that they have a reasonable excuse [s 70NAD]. A respondent will have a reasonable excuse for contravening a parenting order if they breached the order because:

There may be other circumstances in which the Court will be satisfied that a party had a reasonable excuse to contravene a parenting order [s 70NAD(4)].

A party who wishes to argue that they had a reasonable excuse for contravening a parenting order must prove it on the balance of probabilities [ss 70NADA, 70NAE].

For further information about contraventions, visit the Federal Circuit and Family Court website:

Children: Compliance and enforcement

How do I apply to the Court when parenting orders have been contravened (breached) or not complied with?