If your ex-partner is not complying with child-related orders, you may be wondering whether the court can, or will, step in. Some changes to the Family Law Act 1975, which took effect in May 2024, have impacted how contravention applications are handled by the court. The amended legislation places more of an emphasis on deterrence, sanctions and child-focused practical outcomes.
Here’s what you need to know if you’re thinking about applying.
What is a contravention application?
A contravention application asks the court to deal with a breach of a parenting or other child‑related order. This might include situations where a parent:
- Intentionally and repeatedly withholds the child in breach of court orders;
- Not making reasonable attempts to deliver or return the child at the ordered times;
- Ignores restraints or conditions in parenting orders; or
- Actively prevents the other parent from complying with the orders.
It is up to the applicant to demonstrate that the respondent had breached an order. As contravention proceedings can involve criminal sanctions, evidence must be very specific.
What changed in 2024?
From 6 May 2024, the law placed greater emphasis on:
- Deterrence – discouraging future breaches;
- Sanctions – consequences for non‑compliance; and
- Upholding the authority of court orders.
Also, the old categories of “less serious” and “more serious” contraventions are gone. Instead, the court looks at:
- Whether there was a contravention;
- Whether there was a reasonable excuse;
- How serious the contravention was (but not categorising it as “less serious” or “more serious” the way it used to); and
- The likely impacts on the child or any other person.
What can the court order?
While the court’s procedures haven’t dramatically changed, the framing of outcomes has.
Depending on the circumstances, the court under the amended legislation may order the following at any stage during proceedings without formally finding a contravention. These options are often quicker and more solution‑focused.
- Make‑up time with the child;
- Changes or suspension of existing parenting orders; or
- Attendance at a post‑separation parenting course.
If the court found that contravention of a child-related order occurred without reasonable excuse, it may order the following. Before imposing these penalties, the court must consider the seriousness of the conduct and the effect any penalty will have on the child.
- A good behaviour bond;
- Fines – in serious cases, potentially significant;
- Compensatory time;
- In particularly serious cases, imprisonment.
Courts are increasingly focused on outcomes that work for children, not punishment for its own sake. In some cases, changing the parenting arrangements may be more effective than enforcing problematic orders.
What about “reasonable excuse”?
A respondent parent may avoid a formal finding of contravention if they can prove they had a reasonable excuse — for example:
- They genuinely did not understand what the order required; or
- They reasonably believed the breach was necessary to protect someone’s health or safety, and that the period of contravention was not longer than necessary for such protection.
Thinking of taking action?
If your parenting orders are being ignored, early advice can help you:
- Understand what outcomes are potentially achievable through the court process;
- Assess the likely benefits and risks of commencing a court application; and
- Decide on a plan that is suitable for your circumstances.
Our team is here to help navigate these challenges with clarity, compassion and up-to-date information.
To discuss your particular situation, please contact our family law team in Melbourne on 03 9614 7111 or melbourne@nevettford.com.au.
