What happens if a parent breaches Parenting Orders?

Parenting Orders made by the Court are legally binding. They set out the arrangements for children, including where children live, the time they spend with each parent and how important decisions about their welfare are made.

While parents are encouraged to work cooperatively and be flexible where appropriate, deliberately failing to comply with Parenting Orders can have serious consequences.

What is a breach of Parenting Orders?

A breach occurs when a person fails to comply with a Parenting Order without a reasonable excuse.

Examples of breaches may include:

• failing to make a child available for time with the other parent;
• refusing to return a child at the time specified in the Orders;
• changing a child's school without complying with Orders about decision-making;
• relocating with a child without permission; or
• preventing communication between a child and the other parent.

Not every disagreement or mistake will amount to a breach. The Court will consider the circumstances surrounding the failure to comply and whether there was a reasonable explanation.

What is a reasonable excuse?

A parent may have a reasonable excuse for not complying with Parenting Orders in certain circumstances.

For example, a parent may not be required to comply if:

• they believed, on reasonable grounds, that failing to comply was necessary to protect the health or safety of the child or another person; or
• the circumstances made compliance impossible.

For example, if a child becomes seriously unwell or there is an immediate safety concern, a parent may have a reasonable excuse for not following the usual arrangements.

However, a parent generally cannot simply decide not to follow Orders because they disagree with them or believe their own arrangements are better for the child. If circumstances have changed, the appropriate course is usually to seek to vary the Parenting Orders.

What can I do if the other parent breaches Orders?

If a parent breaches Parenting Orders, the first step is often to attempt to resolve the issue through communication or negotiation, particularly where the breach is minor or isolated.

Where breaches continue or are serious, a party may apply to the Court for an enforcement order.

The Court may consider:

• whether a breach occurred;
• whether there was a reasonable excuse;
• the seriousness of the breach;
• whether the breach was intentional;
• whether there is a pattern of repeated non-compliance; and
• the impact on the child.

In urgent situations, such as where a child has not been returned or there are concerns about a child's safety, urgent applications may be required.

What are the consequences of breaching Parenting Orders?

The consequences depend on the circumstances of the breach. The Court has a range of powers, including:

• ordering the person who breached the Orders to comply in the future;
• requiring attendance at a parenting program;
• making compensatory time orders for missed time with a child;
• ordering a party to pay the other party's legal costs;
• imposing fines; and
• in serious cases, imposing a community service order or imprisonment.

The Court's primary focus remains the best interests of the child. The purpose of enforcement proceedings is not simply to punish a parent, but to ensure that parenting arrangements operate in a way that supports the child's welfare and stability.

This article is general information only and does not constitute legal advice. Every matter is different — speak with one of our family lawyers about your specific circumstances.

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