Enforcement & Contravention Applications

Filing a Contravention Application should be a considered decision, as not all breaches of court orders require legal intervention. Before taking action, assess the severity, frequency, and reasoning behind the non-compliance.

Key factors to consider before applying include:

• Valid excuses – Unexpected circumstances, such as a child’s illness or an emergency, may justify a temporary deviation from the order.
• Minor or one-off breaches – A missed visit or slight deviation from the order may not justify court action, especially if the other party has a reasonable explanation.
• Repeated or deliberate breaches – If the other party consistently disregards the court order, a Contravention Application may be necessary to enforce compliance.

If breaches are ongoing or significantly impact parenting arrangements, filing a Contravention Application can help uphold the court’s ruling and protect your rights.

A Contravention Application can be filed when one party fails to follow a parenting order without a valid reason. The court assesses whether the breach was intentional, ongoing, or had a reasonable excuse.

Common grounds for contravention include:

• Failure to comply – One parent does not adhere to the parenting order without justification.
• Withholding a child – A parent refuses to return the child at the agreed time or location.
• Blocking communication – Preventing the child from contacting the other parent as outlined in the order.

While breaches are taken seriously, some situations may be considered reasonable excuses, such as:

• Medical emergencies – If the child or parent experiences a sudden illness or injury.
• Unavoidable circumstances – Events such as car accidents or unexpected delays.
• Severe weather or transport issues – Situations beyond the parent’s control that prevent compliance.

Even if a reasonable excuse is accepted, the court may still impose remedies, such as make-up time for missed visits. If a parenting order has been breached, seeking legal advice can clarify your options and the best course of action.

To file a Contravention Application, you will generally need to follow the steps below:

1. Submit a Contravention Application detailing the breach and providing supporting evidence to the appropriate court: In Western Australia, this is the Family Court of Western Australia. In all other states and territories, it should be lodged with the Federal Circuit and Family Court of Australia.

2. Attend the relevant court hearings, where both parties can present their arguments. The responding party may provide a reasonable excuse for the breach, such as a medical emergency or unavoidable circumstances.

3. Wait for the court decision. The judge will determine whether a contravention has occurred and decide on an appropriate remedy.

In Australian Family Law, penalties for breaching a court order depend on the severity of the violation and the circumstances surrounding it.

The court assesses each case individually and may impose one or more of the following consequences:

• Formal warning – The court may issue a warning as a reminder of the legal obligations and potential consequences of further breaches.
• Make-up time – If a parenting order is breached, the court can grant additional time to the affected parent to compensate for missed visitation.
• Legal costs (Costs Order) – The breaching party may be required to pay the other party’s legal expenses as a consequence of their non-compliance.
• Community service – In more serious cases, the court may order the contravening party to complete a set number of community service hours.
• Fines – A financial penalty may be imposed, with the amount determined by the nature and impact of the breach.
• Modification of court orders – If breaches are recurring, the court may alter the existing orders to prevent future violations (e.g., adjusting communication protocols).
• Imprisonment – While rare, in extreme or repeated contraventions, the court has the authority to impose a jail sentence as a last resort.

These penalties are designed to uphold court orders and ensure compliance, particularly in cases involving parenting arrangements.

If you’re dealing with a contravention issue, seeking legal advice can help you understand your options and the potential outcomes. Contact Affinitas Legal to get started today.

While you can file a Contravention Application on your own, seeking legal advice is highly recommended. An experienced family lawyer will help you to:

• Understand your legal position – A solicitor will explain your rights, assess the strength of your case, and advise whether filing a Contravention Application is the best course of action.
• Case preparation & strategy – They help gather evidence, draft legal documents, and develop a compelling argument to support your claim.
• Court representation – If the case goes to court, a lawyer presents your case, cross-examines witnesses, and advocates for a fair outcome.
• Defence for respondents – If you’re accused of breaching a court order, a solicitor can help you build a defence, demonstrating valid reasons for non-compliance if applicable.

Seeking legal guidance early can improve your chances of a favourable outcome. For personalised advice on your Contravention Application in Perth, consult the dedicated team at Affinitas Legal.

Under the Family Law Act 1975, a parenting order breach may be excused if:

• It was necessary to protect someone’s health or safety.
• It lasted only as long as reasonably required.
• The person was unaware they were violating the order at the time.

If you would like advice on your circumstances and whether you have grounds to make an Enforcement or Contravention Application, please contact our dedicated lawyers in Perth today.