Breach of a Parenting Plan or Order in the ACT

The other parent did not return the children on Sunday evening. Or they enrolled the child in a new school without discussing it. Or they cancelled your weekend for the third time in a row. What you do next depends entirely on whether you have a parenting plan or a court order, because the enforcement pathways are fundamentally different.

Parenting Plans vs Court Orders: The Enforcement Gap

A parenting plan is a written, signed agreement between parents. It carries significant legal weight — courts consider it when assessing the parents' intentions and the child's established routine — but it is not legally enforceable. If the other parent ignores your parenting plan, you cannot apply for a contravention order. Your options are to return to Family Dispute Resolution or apply to the court for enforceable consent orders or parenting orders.

A court order (whether consent orders or orders made after a hearing) is legally binding. Breaching a court order is a contravention under Part VII Division 13A of the Family Law Act 1975, and the FCFCOA has specific enforcement mechanisms.

This is the single strongest reason to convert your parenting plan into consent orders once both parties are satisfied with the arrangements.

What Constitutes a Contravention?

A person contravenes a parenting order when they intentionally fail to comply with it, or make no reasonable attempt to comply with it. Examples include:

• Withholding the child during the other parent's scheduled care time
• Refusing to facilitate changeovers
• Making major decisions (school changes, medical procedures, travel) without consulting the other parent when joint decision-making is required
• Relocating the child without consent or a court order
• Interfering with the child's communication with the other parent

The law distinguishes between a contravention (a single breach) and a serious contravention (showing a serious disregard for the order). Serious contraventions can trigger harsher penalties.

Enforcement Options

Contravention Application

You can file a contravention application with the FCFCOA. The court can:

• Vary the existing orders to prevent future breaches (e.g., add specific changeover conditions)
• Order make-up time to compensate for lost care time
• Order the contravening parent to attend a parenting program
• Order the contravening parent to enter into a bond (a written promise to comply, with financial consequences for further breaches)
• Impose a fine or community service for serious contraventions
• In the most extreme cases, impose a term of imprisonment (rarely used, reserved for deliberate and repeated defiance)

A first contravention where the parent had a "reasonable excuse" is treated less severely. Repeated contraventions with no reasonable excuse escalate rapidly.

Recovery Orders

If the other parent has taken the child and is refusing to return them, you can apply for a recovery order under Section 67Q of the Family Law Act. Recovery orders authorise:

• The Australian Federal Police or state police to locate and recover the child
• Any person to return the child to the applicant
• A person to stop withholding the child

Recovery orders can also direct government agencies (Centrelink, Medicare, the Australian Passport Office) to provide information about the child's or the other parent's location.

Location Orders

If you do not know where the child is, a location order under Section 67J can compel Commonwealth officers, state police, and other agencies to provide information about the child's whereabouts.

Before You File: Practical Steps

1. Document everything. Keep a written record of every breach — dates, times, what was supposed to happen, what actually happened. Screenshots of messages are valuable evidence.

2. Attempt informal resolution first. Send a written communication (text or email, so there is a record) noting the breach and requesting compliance. Courts look more favourably on parents who attempted to resolve the issue before filing.

3. Return to FDR if appropriate. If the breaches are a pattern rather than a crisis, a return to mediation may be more constructive — and cheaper — than a contravention application.

4. Seek legal advice. The Legal Aid ACT helpline or the Duty Lawyer Service at the Nigel Bowen building can help you assess whether your situation warrants a formal contravention application.

The ACT Child Custody & Parenting Plan Guide includes a breach documentation worksheet and a step-by-step enforcement guide for ACT parents.

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