Contravention of Parenting Orders in Australia: Reasonable Excuse and Penalties

A person who contravenes a parenting order without a reasonable excuse under Part VII Division 13A of the Family Law Act 1975 faces a graduated ladder of court orders, from a no-fault make-up-time order up to a fine of 60 penalty units, currently $21,840, or imprisonment of up to 12 months, with the standard of proof rising at each step.

What counts as contravening a parenting order

Part VII Division 13A of the Family Law Act 1975 sets out what happens when someone breaches a parenting order. The Division runs from section 70NAA to section 70NDC across four subdivisions: Preliminary, which holds the reasonable excuse defence and the standards of proof; orders relating to contraventions, the order ladder itself; further provisions on bonds and imprisonment; and miscellaneous provisions such as arrest warrants. Section 70NAC defines what it means to contravene an order, and the orders the Division can make apply to a defined "child-related order", not only a parenting order in the narrow sense. Under section 70NBA(2), a child-related order also covers an injunction for the welfare of a child under section 68B or section 114, and a bond or undertaking a person entered into under Division 13A itself, along with related subpoenas.

For what a parenting order contains and how it was made, see Parenting Orders in Australia; for how an application generally proceeds through the Federal Circuit and Family Court of Australia, see The Family Court Process in Australia. A unilateral move with a child that breaches an existing parenting order is one common trigger for a contravention application; see Relocating With a Child in Australia After Separation.

Contravening a parenting order is a federal matter decided under Division 13A. It is a separate system from breaching a state or territory family violence order, which is enforced under state law. The two can overlap in practice, since section 70NAD's reasonable excuse ground covers conduct taken to protect someone's health or safety, which will sometimes be the same conduct that also breaches, or responds to, a state order, but a Division 13A application does not itself enforce a state order.

The reasonable excuse defence

Section 70NAD defines when a person has a reasonable excuse for contravening a child-related order. Under subsection (1), a person has a reasonable excuse if they did not understand the obligations the order imposed at the time of the contravention, and the court considers they ought to be excused; if the court accepts this, it must then explain the order's obligations, and the consequences of a further contravention, in language the person can understand. Under subsection (3), a person also has a reasonable excuse if they reasonably believed the contravening conduct was necessary to protect the health or safety of themselves, the child, or another person, and the contravention lasted no longer than necessary for that purpose. Subsection (4) makes clear these two grounds do not limit whatever else might count as a reasonable excuse in a given case.

Section 70NADA puts the legal burden of proving a reasonable excuse on the person raising it, not on the person alleging the contravention. Section 70NAE sets the standard of proof for Division 13A generally at the balance of probabilities, with one exception: an order for a fine of up to 60 penalty units or imprisonment under section 70NBF(1)(d) must be proven beyond reasonable doubt.

The order ladder: what a court can do about a proven contravention

Division 13A is not a flat set of penalties. What a court can order depends on how far the case has progressed and, once a contravention without reasonable excuse is found, on the standard of proof used to find it.

Without any finding of contravention, at any stage of the proceeding (section 70NBA(1) note, sections 70NBB to 70NBD): the court can make an order for make-up time, an order varying or suspending the parenting order, or an order requiring attendance at a post-separation parenting program or another program the court specifies.

On the balance of probabilities, once a contravention without reasonable excuse is found (section 70NBF(1)(a) to (c)): the court can order the respondent to enter a bond, on terms set under section 70NCA that can run for up to two years and can require attending a program, meeting with a family consultant, family counselling, family dispute resolution, or simply being of good behaviour. If the respondent then fails, without reasonable excuse, to enter that bond, the court can fine them up to 10 penalty units. Separately, the court can order the respondent to compensate another party for expenses reasonably incurred because the contravention meant a child did not spend time with, or live with, them.

Beyond reasonable doubt (section 70NBF(1)(d), together with the note under section 70NAE and section 70NCC): the court can fine the respondent up to 60 penalty units, or impose a term of imprisonment. Imprisonment is available only if the court is satisfied it would not be appropriate to deal with the contravention any other way, under section 70NBF(4).

Bond breach, dealt with separately (section 70NCB): if a person who already entered a bond then fails, without reasonable excuse, to comply with its terms, the court can fine them up to 10 penalty units without ending the bond, or revoke the bond and deal with the original contravention afresh as though the bond had never been entered into.

There is no community service order inside Division 13A. That order exists only in Part XIIIA of the Act, a separate general enforcement regime covering all court orders, not specifically child-related orders, and only where a state or territory has a registered arrangement under section 112AN making its own community service, work order, or attendance order schemes available. The Federal Circuit and Family Court's own Practice Direction on contravention applications treats Division 13A and Part XIIIA as two distinct regimes, describing its list as covering applications filed under "Part VII Division 13A or Part XIIIA".

Imprisonment limits and the current penalty unit value

A term of imprisonment under section 70NBF(1)(d) is capped at 12 months, or can be expressed to end on whichever comes first of compliance with the order or the 12-month mark, under section 70NCC(2). The court can direct release on a good behaviour bond after part of the term has been served, under section 70NCC(3). Section 70NCE adds two carve-outs: imprisonment for contravening a child maintenance order is barred unless the court is satisfied the contravention was intentional or fraudulent, and imprisonment is barred altogether for contravening a child support administrative assessment, agreement, or departure order made under the Child Support (Assessment) Act 1989.

The Commonwealth penalty unit used to calculate the 10- and 60-unit fines above is set by section 4AA of the Crimes Act 1914. Its base value is $330, and that figure still appears in the Act's own compiled text, because section 4AA(3) indexes the amount every third 1 July using a formula tied to the Consumer Price Index, and the increase applies only to conduct on or after the indexation day, under section 4AA(8). The next indexation day is 1 July 2026, and AUSTRAC's published penalty guidance confirms the new value takes effect that day at $364 per unit. A 10-penalty-unit fine is therefore $3,640 from 1 July 2026, and a 60-penalty-unit fine is $21,840, even though the Crimes Act's own compiled text has not yet been republished to show the new figure.

The section 60I certificate for a contravention application

Section 60I requires a genuine attempt at family dispute resolution, evidenced by a practitioner's certificate, before a party can generally file an application for an order under Part VII of the Family Law Act. Because the orders available under Division 13A, such as a bond, a fine, or a make-up time order, are Part VII orders, the section 60I certificate requirement applies to a contravention application in principle, on the same footing as any other Part VII application. It is not a separate, lighter regime.

Section 60I(9) sets out the exemption grounds, and paragraph (c) is built for exactly this situation: the court can exempt an applicant from filing a certificate where the application concerns a particular issue, a Part VII order was made on that issue within the previous 12 months, the application alleges a contravention of that order, and the court is satisfied there are reasonable grounds to believe the respondent behaved in a way showing serious disregard for their obligations under it. This ground is discretionary, not automatic; the applicant must ask for it and satisfy the court on the fourth element. The general exemption grounds in section 60I(9), including family violence or child abuse risk and urgency, also remain available on the same terms as for any other application. Where a court grants an exemption specifically on family violence or abuse grounds, section 60J separately requires the applicant to confirm in writing that they have received information about relevant services and alternatives to court action before the application is heard.

The Federal Circuit and Family Court's Practice Direction for the National Contravention List confirms this reading directly: the documents required to file an Application, Contravention include, where required, a section 60I certificate, unless an exemption applies and is sought. This site has not researched a current filing fee for a contravention application; check the court's own current fees before filing.

The National Contravention List

Every Application, Contravention filed under Division 13A or under Part XIIIA goes through the Federal Circuit and Family Court's National Contravention List. It is not a pilot; the Practice Direction confirms the list has run nationally and electronically since 1 September 2021, and it has been updated several times since, most recently on 10 June 2025.

An application goes to the list by emailing it to the court's dedicated contravention list address, and it is administered by Contravention Registrars rather than the general docket. The list targets a first return date within 14 days of filing. At that first return, a Contravention Registrar can ask the respondent to state whether they concede the contravention or intend to rely on a reasonable excuse, and order an affidavit setting out the evidence if so; can narrow the number of alleged breaches actually pursued; and can refer the parties to family counselling, family dispute resolution, or other services under section 13C, particularly where a section 60I certificate was not required before filing. In a parenting contravention specifically, the Registrar is directed to keep the child's best interests central and to consider make-up time, variation, or program orders even where no contravention has been found.

If the matter needs a final hearing, it goes to the docketed judge where other proceedings in the same matter are already listed within about 12 weeks; otherwise it is listed before a Senior Judicial Registrar or a judge. Senior Judicial Registrars in the list also hold delegated power to make orders under section 102NA(1)(c)(iv), the mandatory protection against self-represented cross-examination in prescribed family violence cases.

Costs

The costs provision that applies to a contravention application is section 114UB, the Act's general costs discretion in Part XIVC. Each party ordinarily bears their own costs, but where the court is satisfied there are circumstances that justify it, it may make any costs order it considers just, having regard to each party's financial circumstances, whether a party is legally aided, the conduct of the parties and the other matters the section lists. Section 114UB is also where the kind of section 60I certificate a party filed, including a certificate stating that a party attended family dispute resolution but did not make a genuine effort, can be taken into account when deciding whether to award costs against them. The simplified outline in section 70NAA still carries a note referring to costs under section 117, but section 117 was repealed by the Family Law Amendment Act 2024 (Act No. 118, 2024) and no longer exists in the compiled Act; section 114UB is the current provision. The Practice Direction adds a further layer aimed specifically at lawyers: a legal practitioner acting in the National Contravention List can face a personal costs order if an application, or its defence, is found frivolous, without merit, or not compliant with the Rules of Court.

For the general parenting order framework this article assumes, see Parenting Orders in Australia. For how a parenting application, including a contravention application, generally proceeds through the Federal Circuit and Family Court of Australia, see The Family Court Process in Australia. Grandparents and other non-parents can also hold parenting orders; see Grandparents' Rights in Australia. For the broader family law picture, see the Australia family law hub.