When a parenting order is made, each person affected by the order must follow it. If the other person has not followed a parenting order, the following options are available:
- attend dispute resolution
- attend dispute resolution
- getting legal advice, and
- apply to the court for orders.
- apply to the court for orders.
How is a parenting order contravened (breached)?
A person breaches a parenting order, which has not been altered by a parenting plan, when they:
- intentionally fail to comply with the order, or
- makes no reasonable attempt to comply with the order, or
- intentionally prevents compliance with the order by a person who is bound by it, or
- aids or abets a contravention of the order by a person who is bound by it.
If a court decides that a person has failed to comply with an order, it will consider whether the person had a reasonable excuse for breaching the order.
What happens if a parenting order is breached?
A court can only penalise someone for failing to comply with a parenting order, which has not been altered by a parenting plan, if another person files an application alleging the person did not comply with the order.
If you breach a parenting order and you cannot be found, the court may make a location order. This order requires other people or organisations, including government departments; to give any information they have about where you and the child may be located.
If you breach a parenting order by failing to return the child as required, the court may make a recovery order.
For information about breaching a parenting order, see the fact sheet, Parenting orders – obligations, consequences and who can help and the Complying with orders section of the website.
For information about breaching a parenting order, see the fact sheet, Parenting orders – obligations, consequences and who can help and the Complying with orders section of the website.
How to file a breach of a parenting order?
To apply to the court following a breach of a parenting order, you will need to file:
- Contravention Application (this application cannot be eFiled through the Commonwealth Courts Portal.
- supporting Affidavit, and/or
- a certificate from a registered family dispute resolution practitioner or Affidavit – non filing of family dispute resolution certificate
See the How do I – apply to the court when parenting orders have been breached or not complied with page for a step by step guide.
To apply to the court following a breach of a parenting order, you will need to file:
- Contravention Application (this application cannot be eFiled through the Commonwealth Courts Portal.
- supporting Affidavit, and/or
- a certificate from a registered family dispute resolution practitioner or Affidavit – non filing of family dispute resolution certificate
See the How do I – apply to the court when parenting orders have been breached or not complied with page for a step by step guide.
Do I need to attend court if I file a breach of a parenting order?
If you are the person alleged to have breached a parenting order and do not attend the court hearing, orders may be made in your absence, including an order for your arrest. You can attend in person or ask a lawyer to represent you.