When parenting orders are made by the Federal Circuit and Family Court of Australia (FCFCOA), everyone bound by the orders must follow them. Orders should be followed in good faith, and each parent should allow some reasonable leeway if a genuine mistake occurs in complying with them. However, there are situations where this does not happen, and repeated or deliberate non-compliance may require further action. If the other parent is not complying, there are clear steps you can take to protect your time with your child and the integrity of the orders.
This guide is general information for NSW families and is not a substitute for tailored legal advice. If you need immediate help, call Chidiac Legal on (02) 8005 1901 or book online
Feeling overwhelmed? You’re not alone.
Enforcing parenting orders often comes at a highly emotional time. When changeovers are missed or plans change at the last minute, it’s stressful and can disrupt your child’s and your routine. Our role is to stabilise the situation, protect your child’s routine, and provide you with a clear, step‑by‑step plan. We explain your options in plain English and handle the communication with the other parent where appropriate, so you don’t have to carry this on your own.
If anyone is in immediate danger, call 000. If you have safety concerns, we can arrange safer changeover options and seek urgent protective orders as needed.
1) Check what the orders actually require
Re‑read the orders carefully and make a short checklist of the key obligations (times, changeover location, holidays, phone or video calls). Small misunderstandings can lead to conflict. Keep a copy of the sealed orders on your phone so you can show a school, police officer, or service provider if required. Get some basic legal advice as to how the Orders can be interpreted by a lawyer. You can read more about how this works here
2) Keep records
Good evidence makes a big difference. Start a simple log that notes dates, times, and what happened. Save text messages and emails. If changeovers occur at a contact centre, ask for attendance records. Screenshots should include the sender, date and time.
3) Try safe, reasonable communication
If it is safe to do so, send a clear and polite message that describes the issue and asks for a practical fix, for example: “Changeover today was missed. Please propose a make‑up time this week.” Avoid heated back‑and‑forth. If there is family violence or you feel unsafe, seek legal advice (link to our contact us page) before contacting the other parent.
4) Consider Family Dispute Resolution (FDR)
In many disputes over new parenting arrangements, FDR is required before a case can proceed. For contraventions of existing orders, FDR is not always required. It can still be useful to quickly reset practical arrangements, especially if the breach appears to be a misunderstanding. Speak with us to determine whether FDR is appropriate for your situation.
5) If a child has not been returned, think about a Recovery Order
If a child is not returned under the orders, or their whereabouts are being hidden deliberately to avoid the return of the child, you may apply for a Recovery Order. A Recovery Order can authorise the Australian Federal Police to locate and return a child and can also prevent the child from being moved again. You can learn about recovery orders from the FCFCOA guide here (link – https://www.fcfcoa.gov.au/fl/children/recovery-orders)
Urgent risk of overseas travel? Consider the Family Law Watchlist
If you are worried a child may be taken overseas against orders, the Court can make a Watchlist Order, which alerts the AFP at international departure points. More information about how this works can be found here.
5A) Recovery vs Watchlist — which is the better option?
- If your child is not returned or their location is being concealed, apply for a Recovery Order. This can authorise the AFP to find and return the child and can include directions to prevent further movement. “Concealed” means that although you would ordinarily know where your child is, the other parent is deliberately withholding or hiding that information and preventing you from spending your time with the child.
- If your child is a credible risk of overseas removal, seek a Watchlist Order so the AFP is alerted at international departure points. You can also ask for orders requiring the delivery of passports.
If you’re unsure which applies, call us and we’ll triage your situation as soon as possible.
6) Apply to the Court if breaches continue
Contravention proceedings are the Court’s process for alleged breaches of parenting or other child‑related orders. These matters are managed in the National Contravention List, which is designed for prompt case management.
- Further details about applying for a contravention order can be found here.
- You can find out more about compliance and enforcement from the family court here.
What the Court looks at
The Court will consider whether there was a contravention, and if so, whether there was a reasonable excuse. Common examples claimed include that a person did not understand the order or that non‑compliance was necessary to protect the child’s health or safety. Evidence is critical.
It is also important to consider whether there is a pattern of contravention. For example, if a parent is occasionally 15 minutes late to changeover, this may not be strong grounds for a contravention application. However, if a parent is consistently an hour late to every changeover, or at times refuses to hand over the child altogether, this could demonstrate an ongoing pattern of non-compliance and may be more likely to justify a contravention finding.
Possible outcomes and penalties
If a contravention is proven without reasonable excuse, the Court has a wide range of options under the Family Law Act 1975.
Depending on the seriousness, the Court may:
- Vary the parenting orders.
- Order make‑up time.
- Require a party to attend parenting programs.
- Order a bond or security.
- Order payment of the other party’s costs or compensation for expenses.
- In serious cases, impose a fine; as a last resort, impose imprisonment.
What happens at a contravention listing (we’ve provided a quick overview below)
- File & serve your Application – Contravention, affidavit, and proposed orders.
- First court date (National Contravention List): Case is triaged. The Court may set a timetable, list the matter for hearing, or make interim directions (including make‑up time).
- Evidence & responses: Each side files any further evidence as directed.
- Outcome pathway: Settlement by consent orders, or a hearing on the alleged contravention and any remedies.
Our role is to present a clear chronology, tight evidence, and practical orders that fix the problem quickly.
7) Practical tips to strengthen your application
- Be specific. Identify which order, on which date, was not complied with. Quote the paragraph number from the orders.
- Attach evidence. Messages, emails, school notes, contact centre records, flight confirmations, call logs.
- Show reasonableness. Records of reasonable proposals for make‑up time or problem‑solving help the Court see that you are child‑focused.
- Protect the child’s routine. Avoid making unilateral changes unless required for safety. If you must act urgently, document why.
- Mind the tone. Keep communications short and neutral. Assume a judge may read them.
8) Common scenarios and options
Repeated late changeovers
Keep a log to show the pattern. Propose an adjusted schedule that fits school or work realities. If the problem persists, consider a contravention application seeking make‑up time and a punctuality clause.
Refusal to make the child available
If it is a one‑off, try to resolve it and propose make‑up time. If it continues, seek enforcement in the National Contravention List. For a complete denial of time, seek urgent directions and consider a Recovery Order.
Allegations of risk used to justify breaches
Safety is paramount. If the other parent claims risk but does not act to address it in Court, you may ask for interim variations that preserve time while the risk is assessed. Document your safety proposals (supervised time, neutral changeovers, medical checks).
Suspected plan to leave Australia
Seek a Watchlist Order urgently and consider orders for the delivery of passports. See the AFP Watchlist link above.
9) Parenting plans and informal agreements
Only court orders are enforceable. Parenting plans and informal agreements are useful, but if they are breached, you generally need to follow the usual dispute resolution steps and, if necessary, return to Court for orders.
How Chidiac Legal can help
Parenting disputes are stressful. We’re here to steady things, protect your child’s routine, and give you clear next steps. We’ll explain your options in plain English and keep you updated so you always know what’s happening.
Here’s how we help:
- Listen first, plan clearly. We start by understanding your priorities and mapping your options in plain English.
- Assess the breach. We advise whether the behaviour is likely to be treated as a contravention and what outcomes are realistic.
- Prepare targeted material. We draft a focused Contravention Application, affidavit and proposed orders that aim to fix the problem, not inflame it.
- Act fast when needed. For urgent matters, we seek interim relief, including Recovery Orders or Watchlist Orders where appropriate.
- Strengthen your evidence. We help you collect and present persuasive, well‑organised evidence.
- Stand beside you in Court. We represent you in the National Contravention List and any follow‑on hearings, keeping you updated at each step.
You do not have to manage this alone.
Ready to take the next step?
If the other parent is ignoring your parenting orders, act early so problems do not become patterns. Book a call with us and get a clear plan tailored to your family.
Call (02) 9707 3888 or book an appointment here now .
We are based in Bankstown and help clients across the Sydney basin, including urgent applications for Recovery Orders and Watchlist Orders where appropriate.
