Contravention Proceedings
When a court order is made in family law proceedings — whether it relates to PARENTING ARRANGEMENTS or financial matters — all parties are legally bound to comply. Breaching a court order without reasonable excuse is a serious matter that the Federal Circuit and Family Court of Australia treats with significant weight.
If the other party has failed to follow the terms of your court order, you may be entitled to file a contravention application. Equally, if you’ve been accused of breaching an order, it’s critical to get legal advice immediately. At Meredith Family Lawyers, we act for both applicants and respondents in contravention proceedings across Sydney.
What Are Contravention Proceedings?
Contravention proceedings are a formal legal process that allows one party to bring another party before the court for failing to comply with a family law order. They are governed by Division 13A of the Family Law Act 1975 (Cth) and can result in a range of outcomes depending on the severity and frequency of the breach.
Common examples of contraventions include:
– Refusing to return children after a visit or changeover
– Repeatedly picking up or dropping off children late in breach of parenting orders
– Denying the other parent their allocated time without a reasonable excuse
– Failing to pay spousal maintenance as ordered
– Refusing to transfer property or funds as required under a financial order
– Withholding children from overseas travel that has been court-approved
What Happens If a Contravention Is Proven?
If the court finds that a contravention has occurred and there was no reasonable excuse, it has a range of remedies available. The court will consider the nature of the breach, whether it was intentional, and whether it is part of a pattern of non-compliance.
Possible outcomes include:
– A formal order requiring future compliance
– Make-up time or compensatory time for the affected party (particularly in parenting matters)
– Variation of the existing order
– Requiring the contravening party to attend a post-separation parenting program
– Payment of the other party’s legal costs
– Fines or community service orders
– In serious or repeated cases, imprisonment
What Is a "Reasonable Excuse"?
A respondent to a contravention application may avoid penalties if they can establish a reasonable excuse for non-compliance. The Family Law Act recognises two primary categories:
1. The person did not understand that their conduct constituted a breach of the order.
2. The person believed on reasonable grounds that the contravention was necessary to protect the health or safety of a person (including themselves or a child).
The court will scrutinise whether the excuse is genuinely reasonable in the circumstances. Having legal representation to properly establish or challenge this defence is essential.
How We Can Help
Whether you need to file a contravention application or defend one, Meredith Family Lawyers provides clear, strategic advice from the outset. We’ll assess the strength of your position, help you gather the necessary evidence, and represent you at every stage of the proceedings.
We understand that contravention matters — particularly those involving children — are often urgent and emotionally charged. Our team moves quickly to protect your rights and, where possible, to resolve the matter without the need for a contested hearing.
If you believe a court order has been breached, or you’ve received a contravention application, contact our Sydney office today for a confidential consultation.
Book a Consultation
Frequently Asked Questions
A contravention application is a formal court application made when one party believes the other has breached a family law order without reasonable excuse. The court can impose penalties ranging from fines and make-up time through to imprisonment in serious cases.
There is no strict limitation period for contravention applications, but the court may take into account delays. It’s generally advisable to act promptly, particularly where children’s time arrangements are involved.
Yes. Repeated lateness that breaches the specific terms of a parenting order can constitute a contravention. However, the court will look at the pattern of behaviour and whether it materially affects compliance with the order. Document each incident carefully.
You are not legally required to have a lawyer, but contravention proceedings can be complex — particularly when the other party argues a reasonable excuse. Legal representation significantly improves your ability to present evidence effectively and protect your position.
