Contravention Application

Expanded:

Contravention application lawyers in Newcastle and Sydney deal with a contravention of parenting orders: the situation where a person is said to have breached orders made by the Federal Circuit and Family Court of Australia (FCFCOA). A contravention application is the court process used to deal with it. It is made by the person who says the orders were not followed, and the court decides whether a breach occurred and, if so, what should follow.

What is a contravention application?

When a court has made parenting orders, both parents are expected to follow them. A contravention application is the formal way to ask the court to deal with a breach. It is filed in the FCFCOA and is supported by an affidavit that sets out what the orders said and what happened.

Common situations include:

• Time with a child being withheld or cancelled without good reason
• A child not being returned at the agreed time
• Handovers not happening as the orders require
• Orders about communication, schooling or travel being ignored
  

The applicant’s side: breach of parenting orders

An application usually identifies the order said to have been breached, when and how the breach is said to have happened, and the evidence relied on. It typically sets out:

1. The order said to have been breached, and its terms
2. The evidence relied on, such as messages, calendars and handover records
3. The application and an affidavit setting out the facts
4. The outcome the applicant asks the court to make

The respondent’s side: responding to a contravention application

A contravention application is an allegation, not a finding. The court considers whether the person knew about the orders and whether there was a reasonable excuse for what happened. The person responding can put their own evidence about what occurred before the court.

What happens at a contravention hearing?

The court first decides whether a breach has occurred. If it has, it considers what outcome is appropriate. Options range from making up lost time with the child, through to costs orders, bonds, fines and, in the most serious cases, other penalties. The outcome depends on the facts, how serious the breach was and whether it has happened before.

Contravention application lawyers in Newcastle and Sydney

Contravention application lawyers in Newcastle and Sydney deal with these matters in the family courts. NLS Law is a family law firm with offices in Newcastle and Sydney.

To speak with NLS Law, call (02) 4927 6315 or use the Book Now button.

This page explains the meaning of a legal term. It is general information only and is not legal advice.