A parenting order made by the Federal Circuit and Family Court of Australia isn’t optional. Once it’s in place, both parents are legally bound to follow it — and breaching that order is a serious matter with real consequences.
What counts as a breach?
A breach occurs when a parent fails to comply with the terms of the order without a reasonable excuse. This can include:
• Refusing to hand over a child at the agreed time
• Keeping a child beyond the scheduled period
• Preventing the other parent from having contact
• Relocating with a child without court approval
What can the court do about it?
Under the Family Law Act 1975, the court has a range of powers when a contravention is proven. These include:
• Ordering the non-complying parent to attend a post-separation parenting program
• Requiring the breaching parent to compensate the other parent for lost time with the child
• Imposing a fine or community service order
• In serious cases, imprisonment
The child’s interests come first
It’s important to understand the underlying principle here. Under Australian family law, parents carry an obligation to ensure their children can maintain a meaningful relationship with both parents, not the other way around. Children have a right to know and be cared for by both parents. A parent who repeatedly undermines that right isn’t just breaching an order; they’re acting against the child’s best interests.
Questions to consider
• Has the breaching parent offered any reason for non-compliance that might constitute a ‘reasonable excuse’ under s70NAE of the Family Law Act?
• Is this an isolated incident or a pattern of behaviour? The court treats repeated breaches very differently from a one-off.
• Have you kept a record of missed handovers, messages, and communications? This evidence is critical before filing a contravention application.