Introduction
If the other party has breached a parenting order, you can file a contravention application with the Federal Circuit and Family Court of Australia (FCFCOA) at no cost. The application is governed by Division 13A of Part VII of the Family Law Act 1975 and handled through the National Contravention List (NCL), a centralised system designed to deal with all contravention matters efficiently across Australia. For filing requirements, service instructions and relevant legislation, see the official court application page.
Key Points
- Filing fee: $0. No fee to lodge a contravention application
- Pre-filing requirement: attend Family Dispute Resolution (FDR) or obtain an exemption
- File by email to contraventionlist@fcfcoa.gov.au. eFiling is not available (download form)
- Graduated penalties: the court determines sanctions based on the seriousness of the breach (section 70NBF)
- Standard of proof: balance of probabilities; beyond reasonable doubt if imprisonment is sought
What Qualifies as a Contravention of a Parenting Order?
Under section 70NAC of the Family Law Act 1975, you breach a parenting order if you intentionally fail to follow it or make no reasonable effort to comply. You also breach the order if you deliberately stop someone else from following it, or help them break it.
Under section 70NBF, once a breach is established, the court decides the penalty based on how serious it is:
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Breach proved on the balance of probabilities. The court may order a bond, compensatory time, and attendance at a parenting program. This usually applies to first-time breaches or cases where the behaviour does not show serious disregard for the court's authority.
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Breach proved beyond reasonable doubt. If you have shown serious disregard for the order, typically through deliberate, planned refusal to comply or repeated long-term breaches, the court can also impose a fine or a prison sentence.
Reasonable excuse (section 70NAD): The other party can avoid penalties if they prove a reasonable excuse, such as:
- The breach was necessary to protect someone's health or safety (including the child)
- They genuinely did not understand what the order required at the time
Courts apply an objective standard. Simply believing the order is wrong or bad for the child is not enough.
Withholding a child because the other parent breached first is not a reasonable excuse.
What Is the Process for Filing a Contravention Application?
The process from filing to the first return date typically takes 2 to 4 weeks through the National Contravention List. Below is the step-by-step timeline:
Contravention Application Process
| # | Stage | Timeframe | Notes |
|---|---|---|---|
| 1 | Attend FDR or obtain exemption | Before filing | Call Family Relationships Advice Line: 1800 050 321 |
| 2 | Prepare application and supporting documents | 1-2 weeks | Complete Application – Contravention form + Affidavit |
| 3 | Email application to FCFCOA | Day 0 | Send to contraventionlist@fcfcoa.gov.au. eFiling is not available |
| 4 | Receive sealed copies from court | 1-7 days | Court processes the application and returns sealed copies |
| 5 | Serve the respondent | Within 14 days | Personal service required. See FCFCOA Service Kit |
| 6 | First return date (NCL) | 2-4 weeks after filing | Case listed on National Contravention List |
| 7 | Hearing and determination | Varies | Court considers evidence and makes orders |
Pre-filing FDR exemption: If the order was made within the last 12 months and you have reasonable grounds to believe the other party showed serious disregard for their obligations, you may be exempt from attending FDR. In this case, file an Affidavit of Non-Filing of Family Dispute Resolution Certificate instead of a section 60I certificate.
What Documents Do You Need to File?
You need 4 documents to file a contravention application:
Required documents:
- Application – Contravention: download from the FCFCOA website (PDF or DOCX format). List the specific orders that were breached and what you want the court to do.
- Affidavit – Family Law and Child Support: sets out the facts and evidence supporting your claim, including dates, details of each breach, and any communications.
- Section 60I certificate: a valid certificate from a registered family dispute resolution practitioner. Certificates are valid for 12 months from the date of your last FDR session.
- Copy of the breached order: the original parenting order or consent order that was breached.
If seeking FDR exemption, replace the section 60I certificate with:
- Affidavit of Non-Filing of Family Dispute Resolution Certificate: required if you believe the other party has shown serious disregard for the order (made within the last 12 months).
What Evidence Strengthens a Contravention Application?
Strong evidence must clearly demonstrate when, how, and how many times the order was breached. The standard of proof depends on the severity:
- General contraventions: balance of probabilities (more likely than not)
- Where a fine or imprisonment is sought: beyond reasonable doubt
Types of evidence to collect:
- Communication records: text messages, emails, and app messages showing the other party's refusal or failure to comply
- Contemporaneous notes: a diary or log recording each breach with dates, times, and specific details
- Witness statements: affidavits from third parties who observed the breach (e.g., family members, school staff)
- School and medical records: attendance records and doctor's notes confirming the child was not returned or collected as ordered
- Police reports: if police were called due to a breach
- Photographs or screenshots: any visual evidence supporting the claim
Burden of proof: You must first prove the breach happened. Once that is established, the other party must prove their reasonable excuse on the balance of probabilities.
What Orders Can the Court Make If a Contravention Is Proved?
The court has a broad range of remedies, from compensatory time to imprisonment, depending on the severity of the breach.
Breach established on the balance of probabilities (section 70NBF(1)(a)-(c)):
- Order compensatory ("make-up") time with the child
- Require the person to enter into a bond (with or without surety)
- Order attendance at a parenting program
- Order the person to pay some or all of the other party's legal costs
- Adjourn the proceedings subject to conditions
Breach established beyond reasonable doubt (section 70NBF(1)(d)):
- All of the above remedies, plus:
- Impose a fine (up to 60 penalty units)
- Sentence to imprisonment (maximum 12 months). Only used when no other penalty is appropriate
Power to change orders (section 70NBA): Whether or not a breach is proved, the court can change the existing parenting order if that is in the child's best interests.
How Much Does It Cost to File a Contravention Application?
Filing a contravention application is free. There is no filing fee at the FCFCOA (2025-2026 financial year). This applies specifically to contravention applications for parenting and other child-related orders.
However, you may incur other costs:
- Legal fees: if you hire a lawyer to prepare your application and represent you in court
- Family Dispute Resolution fees: FDR services may charge fees, though some providers offer subsidised rates
- Service costs: professional process servers typically charge $80-$200 for personal service
Fee assistance: If you are struggling financially, free legal help may be available through Legal Aid in your state or territory, community legal centres, or the Family Relationships Advice Line (1800 050 321).
Frequently Asked Questions
Q1: Can police enforce family court parenting orders?
Police do not generally enforce family court parenting orders. Parenting orders are civil orders. Enforcing them requires a separate contravention application to the court. Police may step in only if a child is at immediate risk of harm or if a recovery order has been issued.
Q2: What if the other party claims a reasonable excuse?
The other party must prove a reasonable excuse on the balance of probabilities. Courts apply an objective standard. Simply believing the order is wrong or unfair is not enough. Valid excuses include genuine health and safety concerns backed by evidence, or a real lack of understanding of what the order required.
Q3: Can I file a contravention application without a lawyer?
Yes, you can file as a self-represented litigant. The FCFCOA provides downloadable forms and guidance on its website. However, contravention law is complex, especially the different standards of proof and graduated penalties. Getting legal advice is strongly recommended.
Q4: Is there a time limit for filing a contravention application?
There is no specific statutory time limit for filing a contravention application. However, courts may consider any delay when assessing the seriousness of the breach and the appropriate remedy. Filing promptly while evidence is fresh strengthens your application.
Q5: What happens if the respondent does not attend court?
The court can hear the case without the other party if it is satisfied they were properly served. The court can make orders based on the evidence before it, including finding a breach established and imposing penalties.
