Contravention Applications in NSW

Contravention Applications: What They Are, When You Need One, and What They May Cost?

When parenting orders are in place, both parents are legally required to follow the arrangements set out by the Court. Most parents try to comply and support continuity for their children, but sometimes one parent repeatedly refuses to follow the orders, undermines the agreed arrangements, or prevents the other parent from spending time with the children. When this behaviour becomes serious or ongoing, a contravention application may be necessary.

A contravention application is a formal request to the Federal Circuit and Family Court of Australia (FCFCOA) asking the Court to determine whether a parenting order has been breached, why the breach occurred, and what orders are now required to restore compliance. Because this is a serious legal step, parents should obtain advice from an experienced family lawyer before proceeding.

Our team at Sarah Bevan Family Lawyers can support you throughout this process.

What Is a Contravention of Parenting Orders?

A contravention occurs when one parent:

• Fails to comply with a parenting order;
• Prevents the other parent from complying with the order;
• Makes no reasonable attempt to follow the order; or
• Acts in a way that undermines, frustrates, or interferes with the purpose of the order.

Additional detail about modifying existing orders is available on our page on Changing Parenting Orders.

Under the Family Law Act 1975, the Court will also consider whether the alleged breach was intentional and whether the parent had a reasonable excuse.

When Might You Need a Contravention Application?

Parents may need to consider enforcement when non-compliance is deliberate, repeated, or disruptive. Examples include:

1. Repeated failure to attend changeovers

One parent consistently refuses to hand over the children or cancels time without proper justification.

2. Withholding communication or contact

This includes ignoring orders about phone or video calls or obstructing the other parent’s opportunity to speak with the children.

3. Unilateral decision-making

For example, relocating or changing schools without agreement, despite shared parental responsibility/decision-making orders.

4. Behaviour that undermines the parenting arrangements

For example, coaching the children to refuse time, or refusing to confirm changeovers.

5. Non-compliance that destabilises the child’s routine

If the child experiences distress, uncertainty, or disruption.

More detailed guidance on the enforcement of orders is available on our page:
Enforcing Parenting Orders.

No Contravention or Reasonable Excuse? What Does the Court Consider?

A parent may be excused, or a finding of no contravention may be found, if:

• They believed their actions were necessary to protect a child’s health or safety;
• They did not understand the order; or
• Compliance was impossible due to circumstances outside their control (e.g., illness, emergencies).

The parent must provide evidence supporting their explanation.

What Orders Can the Court Make in a Contravention Application?

Depending on the seriousness of the breach, the Court may order:

• Make-up time for the other parent;
• A variation to the parenting orders;
• Mandatory parenting programmes;
• Costs orders or bonds;
• Community service in serious cases; or
• In extreme matters, imprisonment.

The Court’s primary focus remains the best interests of the child.

Alternatives to a Contravention Application

Contravention proceedings are not always the most effective solution. Before filing, parents should consider:

1. Negotiation through solicitors

This can resolve misunderstandings or adapt arrangements.

2. Mediation or Family Dispute Resolution

A structured mediation may avoid escalation.

3. Varying outdated orders

If your parenting arrangements need updating, a variation may be more appropriate.

See our page on Parenting Orders and Modifications for more information.

4. Recovery Orders

Where a child has been retained or withheld, a recovery order may be required immediately.

What Should You Do If Parenting Orders Are Being Breached?

If you think a contravention application may be appropriate:

• Keep detailed written records of non-compliance;
• Maintain copies of communication (texts, emails, notes);
• Seek early legal advice to avoid errors;
• Never retaliate or breach orders in response.

Every family is different. Expert legal guidance is essential to determine the safest, most effective path forward.

How Sarah Bevan Family Lawyers Can Help

Our accredited specialists are highly experienced in representing clients in enforcement applications, negotiating practical solutions, and defending allegations of non-compliance.

We represent clients across Sydney, including the Sydney CBD, Crows Nest, and greater Sydney region, and we appear regularly in the FCFCOA, including Parramatta.

Contact our team today for confidential advice.

Phone: (02) 9633 1088
Sydney CBD Office: Suite 402, 3 Hosking Place, Sydney
Website: https://sbfamilylawyers.com.au

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