Hi there. No, you do not need a lawyer to file a Contravention Application if a parenting order has been breached. However, obtaining legal advice can help you understand your legal options and the best course of action for you and your family.

A parenting order is an order made by a court that specifies the parenting responsibilities for children when their parents cannot agree on parenting arrangements. Parenting orders must be followed by law. A person breaches a parenting order if they intentionally fail to comply with the order, make no reasonable attempt to comply with the order, intentionally prevent compliance with the order by a person who is bound by it, or assists in a contravention of the order by a person who is bound by it.

If a person has breached a parenting order, a Contravention Application can be filed with the court by any person affected by the matter. The application must be accompanied by an affidavit (a special legal document that sets out the substance of the application) and a copy of the existing parenting orders.

There are a range of outcomes that a court can order, including penalties for the person who breached the order. If you are seeking an order from a court as a result of the breach, the law requires you to first make a genuine effort to resolve the matter through family dispute resolution (unless the matter involves child abuse or family violence). You should contact the Family Relationship Advice Line on 1800 050 321 for more information. If this process is unsuccessful, you will need to obtain a certificate from a registered family dispute resolution practitioner and include this in your Contravention Application to the court.

More information about parenting orders and Contravention Applications can be found at www.familycourt.gov.au.