Contravention applications in parenting cases

When the Federal Circuit and Family Court of Australia makes Orders for children, the Orders are legally binding.  When one party does not comply with an Order, the other party may apply to the Court for contravention of the Order.

A Contravention Application is an application made to the Court alleging that one party has failed to comply with an Order.

Common examples of contraventions include:

·        Failing to return a child at the time required by the Orders.

·        Refusing to facilitate time between a child and a parent.

·        Refusing to facilitate communication between a child and a parent.

·        Relocating the child’s usual place of residence.

For a contravention to be established, the Applicant must prove to the Court:

1. A current Order of the Court exists.

2. The Respondent was aware of the Order.

3. The Respondent failed to comply with the Order.

4. Whether the Respondent had an honest and reasonable excuse for failing to comply with the Order.

Honest and reasonable excuses can relate to a genuine concern for a child’s safety, situations where compliance was not reasonably practicable, or emergencies impacting the Respondent or the child.  It is important to note that the Court will carefully examine possible claims of reasonable excuses, so often evidence is required to satisfy the Court that they are legitimate.

If the Court determines that a contravention has occurred, and that there was no honest and reasonable excuse, then there are a range of outcomes that the Court can order.

For less serious breaches, the Court can order makeup time between the parent and child, require the contravening party to undertake a parenting program, or vary the existing Orders to prevent further breaches.

If the breach is more serious, or the breaches are deliberate and ongoing, then the Court can impose a fine, community service, or the imprisonment of the contravening party.  The Court can also require that the contravening party enter into a bond, or that they pay the Applicant’s legal costs of the contravention proceedings.

Contravention Applications can be legally complex and require careful preparation of evidence.  If you believe parenting Orders have been breached, or you have been accused of breaching an Order, then it is important to obtain legal advice as soon as possible.

Our team of experienced family lawyers are able to assist with progressing a contravention application, defending a contravention application, or otherwise seeking that the Court vary the Orders to avoid continued breaches.

If you would like to discuss any family law issue do not hesitate to contact our Ipswich office to make an appointment with one of our expert family lawyers for family law advice tailored to your needs.