How to lodge a Contravention Application for breach of a parenting order in the FCFCOA
A Contravention Application is filed in the Federal Circuit and Family Court of Australia (FCFCOA) when a party has breached a parenting order without reasonable excuse. The application is governed by Part VII Division 13A of the Family Law Act 1975 (Cth). The applicant must prove each alleged breach to the criminal standard where penalties are sought, and the court has graduated responses from warnings to fines, community service, or imprisonment in serious cases.
The framework
Contravention is governed by Part VII Division 13A of the Family Law Act 1975 (Cth), sections 70NAC-70NFJ. Procedure is set out in the FCFCOA Rules 2021. Recent 2024 reforms to Division 13A simplified the penalty framework and strengthened remedies for serious contraventions.
The process
Identify each alleged contravention
List each specific alleged breach — dates, times, conduct, and the order paragraph breached. General complaints (e.g. "they are always late") are insufficient; the Act requires specific contraventions.
Assess whether reasonable excuse may apply
A contravention without reasonable excuse is required. Common reasonable excuses include a belief the order did not apply, emergencies, and protecting the child from family violence. Consider whether excuse will arise.
Consider dispute resolution first
For less serious breaches, consider family dispute resolution (FDR) before filing. A s 60I certificate is not required for contravention applications, but FDR may resolve the underlying dispute more constructively.
Draft the Contravention Application
Complete the Contravention Application (Parenting Orders) form. Set out each alleged contravention separately with particulars. Identify the remedy sought — make-up time, variation, costs, or penalties.
Draft the Affidavit
The affidavit must set out, for each alleged contravention: the order provision, the conduct, the date, any communication, and the impact on the child or applicant. Exhibit messages, photos, and records.
File a Notice of Risk where relevant
If family violence or child abuse is alleged, file a Notice of Child Abuse, Family Violence or Risk. This triggers screening and may affect the court's response to the contravention and underlying order.
File via the Commonwealth Courts Portal
File the Contravention Application, Affidavit, and Notice of Risk (if applicable) via the Commonwealth Courts Portal. Pay the filing fee or apply for a reduction / exemption.
Serve personally
Serve sealed copies on the respondent personally in accordance with the FCFCOA Rules 2021. File an Affidavit of Service. Personal service is important because contravention proceedings can result in penalties.
Attend the first court event
At the first court event the court may list the matter for a short-form hearing, order FDR, or refer to a Registrar for case management. The respondent will file a response addressing each alleged contravention.
Prepare for the contravention hearing
At the hearing, the court decides whether each contravention is proved and, if so, whether reasonable excuse applies. Penalties under the 2024 framework range from no penalty, to variation of the order, make-up time, bonds, fines, community service, and imprisonment for serious cases.
Forms and templates
- Contravention Application (Parenting Orders)
- Affidavit — general form
- Notice of Child Abuse, Family Violence or Risk
Common mistakes
- Filing vague complaints rather than particularised contraventions
- Ignoring reasonable excuse defences that are likely to succeed
- Using the contravention process to relitigate the underlying parenting order
- Not filing a Notice of Risk when family violence or child abuse is alleged
- Serving by ordinary mail rather than the required personal service
Get this process right with Quillio
Quillio drafts FCFCOA Contravention Applications, particularised affidavits, Notices of Risk, and responses, and prepares chronologies and case outlines for contravention hearings under Part VII Division 13A of the Family Law Act 1975 (Cth). See /practice-areas/family-lawyers or start a free trial at /free-trial.
General information only — not legal advice. Contravention proceedings can have serious consequences, including penalties and variation of the underlying order. Obtain legal advice before filing or responding.
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