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Contravention Applications and Enforcement of Court Orders

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When a parenting order is made, each person affected by the order must do everything that the parenting order says as well as take all reasonable steps to ensure that the order is put into effect. Parents also have an obligation to positively encourage their children to comply with the orders. For example, if an order is made for your child to spend time with the other parent, you have to make sure your child is available to spend time with the other parent and you have to positively encourage the child to go.

 
A court will only penalise someone for breaching a parenting order if another person files a contravention application alleging the person did not comply with the order. A person contravenes (breaches) an order if he or she:
  • intentionally fails 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 a person has contravened a parenting order, it will consider whether the person had a reasonable excuse for breaching the order.
 
Some examples of reasonable excuses that may satisfy the court include:
  • the person did not understand their obligations under the orders, or
  • the person reasonably believed that the actions constituting the contravention were necessary to protect the health and safety of a person, including the person who contravened the order or the child, and
  • that the time of the contravention was not longer than was necessary to protect the health and safety of the person who contravened the order or the child.
 
After considering all the facts of the case and applying the law, a court may decide:
  • the contravention alleged was not proved, or
  • the contravention was proved but there was a reasonable excuse, or
  • there was a less serious contravention without a reasonable excuse, or
  • there was a more serious contravention without a reasonable excuse.
 
If a court finds a person has breached a parenting order, without reasonable excuse, it may impose a penalty. The ranges of penalties include:
  • the making of an order for the person to attend at a post separation parenting program
  • compensation for time lost with a child as a result of the contravention
  • requiring the person to enter into a bond
  • ordering the person to pay all or some of the legal costs of the other parties
  • ordering that the person pay compensation for reasonable expenses lost as a result of the contravention
  • requiring the person to participate in community service
  • ordering that a fine be paid
  • ordering imprisonment.
 
A court may also make a further order that discharges, varies or suspends the order or renews some or all of an earlier order, or adjourn the case to allow a person to apply for a further order that alters the parenting order. If you are the person alleged to have contravened a parenting order and do not attend the court hearing, orders may be made in your absence, including an order for your arrest. It is therefore very important that you seek legal advice if you are served with a contravention application.
 
Call one of our Family Lawyers for free initial telephone advice on your circumstances on 95258688.

Key People

sutherland shire lawyer greg dicksonGreg Dickson 

primary area of practice is litigation. In 1993, he became one of the first solicitors in New South Wales to achieve Accreditation as a Specialist in Family Law and Property Relationships Act Law. Greg is the head of our Family Law Division but also practices extensively in commercial and general litigation ...read more


sutherland shire lawyer kevin dwyerKevin Dwyer 

can advise you upon and conduct all Family Law and De Facto Relationship matters in the Family Courts at Sydney, Wollongong and Parramatta. Kevin can also assist you in Criminal Law and appear in Local Courts all over New South Wales in AVO and criminal proceedings as well as ...read more


Amanda DoringAmanda Doring 

is a Family Law Accredited Specialist with extensive experience drafting binding financial agreements and conducting urgent applications in the Family Court and Federal Magistrate’s Court as well as De Facto proceedings in the Supreme, District and Local Courts ...read more


Lisa O'Leary 

operates predominantly in the area of Family Law and De Facto Relationship dispute resolution in the Family Court, the Federal Magistrates Court, the Local and Supreme Court or by alternative dispute resolution procedures ...read more 


Nicola Morgan 

Nicola joined Warren McKeon Dickson in January 2009 as the recipient of the Warren McKeon Dickson Work Integrated Learning Scholarship offered in conjunction with the University of Wollongong.  ...read more