Contravention of Parenting Orders

A person may be deemed to have contravened a parenting order if they:

• breach a parenting order intentionally;
• do not make reasonable attempts to comply with a parenting order;
• actively prevent a party who is bound by a parenting order from complying with that order; or
• assist a party who is bound by a parenting order to commit a breach of that parenting order.

There may be instances where the Court may consider that a party has a "reasonable excuse" for contravening a parenting order.

The Family Law Act (s70NAC) considers that a "reasonable excuse" can include:

• a party failed to understand their obligations under the order;
• one party held the reasonable belief that it was necessary to contravene the parenting order to protect the health and safety of the child, the parent, or another person; and
• the act of contravention was not for the period longer than was necessary to protect the health and safety of the person.

If the Court believes that there has been no reasonable excuse for the contravention of a parenting order provided, then the Court may make additional orders requiring a person to:

• attend a post separation parenting program;
• provide makeup time with a child;
• compensate the other party for reasonable expenses incurred; and
• in some cases may permanently alter a parenting order.

In serious contravention cases a Court can also order a party to pay a fine, perform community service, be placed on a bond, or serve a time of imprisonment.