When a parenting order is made, each person affected by the order must comply or follow the order. This includes taking all reasonable steps to comply with the order.
The law on contravention of orders is complicated. If you allege that a person has contravened an order without a reasonable excuse you should seek legal advice.
If you intend to apply to the Court for an order you must attend Family Dispute Resolution (FDR) unless an exemption applies. FDR can help you and the other party work through your disagreement or misunderstandings about the orders. To organise dispute resolution or to find out if you are exempt you should call the Family Relationships Advice Line on 1800 050 321.
Before you apply you must read about the options available when applying for a contravention of a parenting order at Children: Compliance and enforcement.
Also see the Family Law Practice Direction - National Contravention List which sets out the procedural requirements and steps in contravention proceedings.
I’ve read the information about compliance and enforcement - which form should I use to file an application?
1. Contravention – file the following:
-
Affidavit setting out the facts necessary to enable the Court to make the orders sought
-
Certificate from a registered family dispute resolution practitioner or Affidavit - non-filing of family dispute resolution certificate.
-
copy of orders
How: By email to contraventionlist@fcfcoa.gov.au
Fees: There is no fee to lodge this application.
2. Enforcement – file the following:
-
Affidavit setting out the facts necessary to enable the court to make the orders sought.
-
copy of orders
How: By filing the documents at a court registry.
Fees: There is no fee to lodge this application
Service
Once the application is filed, sealed copies will be returned to you and must be served by personal service on the other party. For more information see How do I serve family law documents?
