When parenting orders are finalised, it’s common for conflicts between parents to diminish, leading to improved co-parenting relationships. However, in some cases, one parent may continue to create conflict by intentionally breaching or failing to comply with the parenting orders.

Parenting orders create binding legal obligations and must be taken seriously by both parents. They create a positive duty to ensure that children spend time with, or communicate with the other parent in accordance with the Orders. If a parent does not fulfil their duties in accordance with the parenting orders, they may be found to have contravened that order.

What is a Contravention of a Parenting Order?

A parent may be found to have contravened a parenting order when they fail to comply with its terms without a reasonable excuse. The following may be examples of possible Contraventions;

• Failure to return the child to the other parent in accordance with a parenting order.
• Preventing or hindering time the child is to spend with the other parent.
• Blocking communication between the child and the other parent.
• Interfering with or preventing the other party from making decisions about the child.

What Can I do if a Parenting Order Is Breached?

If a parenting order is breached without reasonable excuse, the affected party may apply to the court by filing a Contravention Application. Upon receiving a Contravention Application, the court will then assess the circumstances and determine:

• Whether a contravention occurred;
• If a contravention has occurred, whether there is a reasonable excuse for the Contravention;
• Whether the breach is minor or serious.

What is Reasonable Excuse?

Reasonable excuse may include;

• A genuine misunderstanding of the obligations in the parenting order; or
• A reasonable belief that withholding the child was necessary to protect their health or safety, and the duration of the breach was proportionate to that need.
• The court also considers any other relevant factors when assessing whether a party had a reasonable excuse for not complying with an Order.

Possible Remedies

The court may;

Vary the existing orders;

• Require attendance at a parenting program;
• Compensate for lost time with the child;
• Impose a good behaviour bond;
• Order payment of legal costs;
• Require community service;
• Imposing fines; or
• In extreme cases, imprisonment.
• Urgent Recovery Orders

If a child is withheld contrary to the orders, and the matter needs to be heard urgently, the other parent may apply for an ‘urgent recovery order’. If urgency is established, the court can hear the matter quickly—often within a week—and may order the child to be returned immediately. This is usually a much quicker pathway than filing a Contravention Application. Repeated or extended withholding may then form the basis for a Contravention Application.

Final Thoughts

Compliance with parenting orders is not optional. Courts view breaches—especially repeated ones—very seriously. There are many cases where the Court has changed the child’s residence on the basis of repeated non-compliance. If a parent is concerned about the other party’s non-compliance or believes a change in circumstances justifies revisiting final orders, it is critical to seek legal advice.

Note: This article is intended for general guidance only and does not constitute legal advice. If you are dealing with a parenting dispute or potential contravention, please contact a qualified family lawyer to discuss your specific situation. If you would like to book an appointment with one of our family lawyers, please select the ‘Book an Appointment’ tab in the top right-hand corner.