What if the other parent doesn’t comply?

If you have orders in place regarding parenting, but the other parent is not doing what they are supposed to do, you can bring a Contravention Application. It is important to bring the non-compliance to Court straight away. Otherwise the Court sees the delay in coming as you agreeing to the non-compliance.

Contravention Application

A contravention application is a form filed with the Court outlining the actions of non-compliance. It has a supporting affidavit outlining in detail your evidence about the other parent’s non-compliance. The other parent must then argue that they have actually complied or that they had a reasonable excuse for not complying.

If you file the application and the other parent is found to be non-compliant and is without reasonable excuse they are likely to be ordered to be paid your costs or some penalty sum to you.

Penalty for not complying

Penalties for not complying include paying fines or paying the costs of the application, as well as ensuring make up time, a good behaviour bond and even prison time. It is also not uncommon for the police to be involved to return the children to the complying parent.

It is important you only file a Contravention Application when you have clean hands, meaning you are completely complying yourself. If you are not complying you may expose yourself to a cross application.

If you have further questions please contact Andrea Harrold at aharrold@franklaw.com.au.

This is not legal advice. 

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