When a Court makes parenting orders or financial orders, those orders are legally binding on the parties involved. Whether the orders were made by agreement or after a hearing, each person must follow them unless a lawful and reasonable excuse applies. When one party believes the other has not complied, they may choose to file what is known as a Contravention Application with the Federal Circuit and Family Court of Australia (FCFCOA).
At Family Focus Legal, we assist clients on both sides of these matters—those alleging a breach of orders and those responding to an application—and we understand how stressful and confusing the process can feel. This guide explains what a contravention is, how the Court approaches these applications, and what options are available to resolve disputes.
What Is a Contravention Application?
A Contravention Application is a formal request asking the Court to determine whether a person has breached existing parenting or financial orders. These proceedings fall within what is often described as a “quasi-criminal jurisdiction”. While contraventions occur in a civil family law context, the potential consequences can resemble criminal penalties, particularly where breaches are deliberate or repeated.
To uphold a contravention, the Court must be satisfied beyond reasonable doubt—a much higher standard of proof than typical family law matters. Because of this high threshold, not every instance of non-compliance will amount to a contravention warranting penalties.
What Happens If the Court Finds a Contravention Occurred?
If the Court is satisfied that a contravention of an order has taken place without a reasonable excuse, it has a wide range of powers to respond. The Court’s decision will depend on factors such as the seriousness of the behaviour, its impact on the child or parties, and whether the breach is isolated or part of an ongoing pattern.
Possible outcomes include:
- Make-up time with a child (if time was withheld).
- Compensation orders to remedy the effects of the breach.
- Entering into a bond, which may require good behaviour or attendance at programs.
- Orders to attend parenting or mediation programs.
- Variation of existing orders to prevent ongoing issues.
- Fines or imprisonment in exceptional circumstances.
Imprisonment is rare and generally reserved for serious, repeated, and intentional breaches.
What Counts as a Reasonable Excuse?
The Court will assess whether the alleged breach was intentional or whether circumstances genuinely prevented compliance. A “reasonable excuse” may include:
- A belief on reasonable grounds that complying with the order would put the child or a person at risk of harm.
- Situations where compliance was impracticable, for example due to illness, natural disasters, or unforeseen emergencies.
- Not understanding the obligations (e.g., where orders are complex), although this is assessed carefully.
The Court looks at the context, the conduct of the parties, and whether any effort was made to communicate or resolve the issue.
Should You File a Contravention Application?
Before filing a Contravention Application, it is important to obtain legal advice. In many cases, especially those involving parenting orders, contraventions escalate conflict and may not be the most effective option.
Alternative pathways may include:
- Open communication between parties.
- Mediation or Family Dispute Resolution (FDR).
- Applying to vary existing orders, if circumstances have changed.
- Issuing a formal letter requesting compliance before considering litigation.
These approaches can be quicker, less stressful, and more child-focused.
Need Help? Family Focus Legal Is Here to Support You
If you believe an order has been breached—or if you have been served with a Contravention Application—it is important to get timely, practical advice from an experienced family lawyer. Our team at Family Focus Legal will help you understand your rights, assess your options, and guide you through the steps ahead with clarity and care.
Contact us today to speak to our family law team and arrange an appointment.
