Contravention of Parenting Orders: What Happens When a Parent Breaks the Rules

A Parenting Plan and a Parenting Order Are Not the Same Thing

This distinction matters more than anything else when you are trying to enforce arrangements. A parenting plan — even one that is signed and dated by both parents — is not enforceable by a court. If your ex-partner ignores a parenting plan, your options are to negotiate, return to Family Dispute Resolution, or apply for a court order that replaces the plan.

A parenting order (including consent orders approved by the Federal Circuit and Family Court of Australia) is a different instrument entirely. It carries the full authority of the court, and breaching it triggers a formal enforcement process under Division 13A of the Family Law Act 1975.

What Counts as a Contravention

A contravention occurs when a person bound by a parenting order intentionally fails to comply with it or makes no reasonable attempt to comply. A person not bound by the order can contravene it by intentionally preventing compliance or aiding or abetting a contravention. Common examples include withholding a child during scheduled parenting time, refusing to return a child after a holiday period, preventing phone or video contact, and making unilateral decisions about schooling or medical treatment when the order specifies joint decision-making.

Not every disagreement is a contravention. A parent running 30 minutes late to a changeover because of traffic is unlikely to meet the threshold. But a parent who repeatedly "forgets" to bring the child to changeover on their weekends — that pattern can be brought before the court.

The Court's Powers in a Contravention Matter

The FCFCOA has both remedial and sanctioning powers in contravention matters:

Remedial orders can be made at any stage. The court can order make-up time, require the person to attend a post-separation parenting program, or vary or suspend the existing parenting orders, including without first finding a contravention.

Sanctions for contraventions without reasonable excuse can include a bond, compensation for expenses, costs orders, fines, and in extreme cases, a term of imprisonment (up to 12 months). The court must consider the seriousness of the contravention, including whether there have been previous contraventions. Imprisonment is genuinely rare and reserved for the most deliberate, repeated defiance.

The "Reasonable Excuse" Defence

A person may have a reasonable excuse for contravening a parenting order. The Family Law Act sets a high bar for this defence. A reasonable excuse can prevent the court from imposing the sanctions that apply to a contravention without reasonable excuse, although the court may still make remedial orders. Valid examples include situations where the person believed on reasonable grounds that the child would be exposed to family violence or physical or psychological harm, or where compliance was impossible due to circumstances beyond their control (a medical emergency, for instance).

Believing the order is unfair is not a reasonable excuse. Disagreeing with the other parent's parenting style is not a reasonable excuse. A parent who withholds a child because they are unhappy with the current arrangements needs to apply to vary the order — not take matters into their own hands.

How to File a Contravention Application

The process begins by filing a Contravention Application through the Commonwealth Courts Portal. You will need to provide the original parenting order, the specific terms that were breached, dates and details of each contravention, and any evidence supporting your claim (text messages, emails, records from a co-parenting app).

Before you file, check whether your Section 60I certificate requirement applies. In contravention matters, an exemption may apply where the relevant parenting order was made within the last 12 months and the other parent has shown a serious disregard for their obligations. But if the breach is more about a scheduling misunderstanding than deliberate defiance, the court may direct you back to FDR first.

Keeping Records Before You Need Them

If you suspect your parenting order is being undermined, start documenting now. Keep a written log of every changeover — who arrived, what time, what was said. Save text messages and emails rather than relying on verbal agreements. If you use a co-parenting communication tool, its timestamped logs can serve as evidence.

The Victoria Child Custody & Parenting Plan Guide includes an Agency Communication Log and practical templates for tracking changeovers and documenting parenting time, so you have a clear record if you ever need to file a contravention application.

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