Family Law Help With Breaches of Parenting Orders
A contravention of parenting orders occurs when a person fails to comply with a court order made under the Family Law Act 1975. Whether you are alleging a breach or defending against one, these proceedings are treated as quasi-criminal, so getting professional advice early matters.
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Why Understanding a Breach Is Critical for Your Case
Parenting orders are legally enforceable and every party must comply or face serious consequences. If a court finds a breach occurred without a reasonable excuse, it can impose penalties including fines and imprisonment. Recording every instance where the other parent failed to meet the obligations imposed by the order strengthens your position. The court itself cannot advise parties, so you should seek legal advice before making decisions about your matter.
Types of Contravention Under the Family Law Act
Less Serious Breaches
Accidental breaches may not be treated as serious. These involve conduct without a reasonable excuse but without serious disregard for obligations. The court may order make-up time for time lost, a post-separation parenting program, a bond, or require the contravening party to pay compensation for reasonable expenses.
More Serious Breaches
Breaches showing serious disregard attract harsher penalties. Contravening a parenting order can lead to fines of up to 60 penalty units and imprisonment of up to 12 months. Imprisonment of up to three years is possible for taking or sending a child overseas contrary to an order. The standard of proof rises to beyond reasonable doubt for these sanctions.
10 Common Parenting Order Contravention Scenarios
Common examples include blocking communication and withholding time with a child. Other frequent scenarios include:
Refusing to return children after scheduled contact
Denying the other parent their court-ordered time to spend with the children
Relocating without consent or court approval
Interfering with phone contact or parenting arrangements
Taking children on unauthorised overseas trips
Failing to collect children for scheduled contact
Repeatedly bringing children back late
Preventing attendance at school events or medical appointments
Moving a child’s residence without following the order’s requirements
Aiding or abetting someone else to break an order — for example, a third party such as a grandparent interfering with arrangements
Legal Process for Contravention Applications
Step 1: Family Dispute Resolution
You must generally attend family dispute resolution (FDR) before applying. FDR helps parties work through disagreements collaboratively and can save time, money, and emotional stress, and agreements reached this way tend to last longer. Exemptions exist for urgent cases or where family violence is present.
Step 2: Filing the Application
To file a Contravention Application, parties must generally attempt FDR first and obtain a certificate from a registered FDR provider.
Step 3: Service and Court Proceedings
Sealed documents must be personally served. The court assesses the alleged breach on the balance of probabilities, rising to beyond reasonable doubt for serious sanctions. During these proceedings the court can change the parenting orders, make a further parenting order, or require attendance at a parenting program.
Frequently Asked Questions
What constitutes a reasonable excuse for contravening orders?
Valid reasonable excuses include protecting the health or safety of a child. A reasonable excuse can prevent penalties, and the burden of proof rests with the person raising the defence.
Can I be imprisoned for breaching parenting orders?
Yes — for more serious breaches, imprisonment of up to 12 months is possible. The court must be satisfied beyond reasonable doubt before imposing such sanctions.
What happens if my application is unsuccessful?
You may face a legal costs order. You can apply to enforce existing parenting orders, but ensure you have strong evidence. Legal aid offices can assist if cost is a concern.
Get Help With a Contravention of Parenting Orders
Protect Your Parental Rights
These matters are time-sensitive. Whether you need to protect your child’s best interests or defend against an unfounded application, get legal advice immediately.
This article provides general information only. It is not legal advice. Family law outcomes depend on your circumstances. You should speak with a family lawyer before making decisions about your matter.
Andrews Family Lawyers
Phone: (07) 3062 9493 | Email: reception@palawyer.com.au | Gasworks Plaza, Lobby 1, Level 2/76 Skyring Terrace, Newstead QLD 4006