Expertise

Varying & Enforcing Final Parenting Orders

VARYING/ENFORCING FINAL ORDERS IN ENGADINE

Extensive Experience

The family law team at Kells in Engadine brings years of hands-on experience in matters such as divorce, property settlements, de facto relationships, and final parenting orders.

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Parenting orders are intended to provide structure, but changing circumstances can make them difficult to follow. What once suited a family may no longer be practical, and in some situations, one parent may refuse to comply. These challenges can cause stress and leave you uncertain about the steps available.


At Kells, we support families in Engadine facing these situations. Our family law team helps with applications to vary orders when circumstances have shifted, and we also act to enforce compliance when existing arrangements are not being respected.

Family Law & Children

Area of Expertise

How Can Our Engadine Family Lawyers Help?

Parenting orders are made to provide families with lasting structure and certainty. While they carry authority, circumstances in life can change in ways that make existing arrangements harder to manage.

When there has been a significant shift, you may be able to apply to the court for revised orders. In other situations, a parent’s refusal to follow the arrangements may call for formal enforcement through legal processes.


Knowing the requirements and options in these situations is important. Our Engadine family lawyers can review your circumstances and guide you towards the most effective course of action, whether that involves seeking a variation or enforcing compliance with existing orders.


Here’s how we can help:

Varying Final Parenting Orders

Parenting orders are intended to be final, but the court may revisit them in limited circumstances. A review will only take place if there has been a significant change since the orders were made and a variation is in the best interests of the child.


In May 2024, section 65DAAA of the Family Law Act 1975 (Cth) came into effect. While initial interpretations varied, the Full Court in Radecki confirmed that the provision operates consistently with the long-standing Rice and Asplund rule. This means the bar for altering parenting orders remains high, requiring clear evidence of a genuine change before new arrangements will be considered.


Examples of significant changes might include:

  • One parent relocating or proposing to relocate
  • Concerns about a child’s safety or welfare
  • A substantial change in a parent’s capacity to care for the child
  • A child’s needs evolving in ways that were not anticipated when orders were made


Our Engadine family law team can assess whether your circumstances are likely to meet this threshold and, if so, prepare and present your application to the court.

Enforcing Final Orders

When a parent fails to comply with existing orders, there are steps available to enforce them. An application to the court may result in:

  • Orders compelling compliance
  • Make-up time if parenting time has been denied
  • Penalties such as bonds, fines, compensation orders, community service where available, or in rare and serious cases, imprisonment.


We can review your situation and provide clear advice on the most effective course of action, whether through negotiation or by commencing court proceedings.

Frequently Asked Questions

  • Can final orders ever be changed by agreement?

    Yes. When both parties agree, you can apply to the court for consent orders that reflect the new arrangements. This is usually the most straightforward and affordable approach.

  • What if there is no agreement to change the orders?

    If one parent does not agree, you will need to apply to the court. The court will only consider new orders if you can demonstrate that a significant change in circumstances has taken place.

  • What if my ex is not following the orders?

    You can apply to the court to have the orders enforced. Depending on the circumstances, the court may direct compliance, allow make-up time where parenting has been denied, or impose penalties such as fines, bonds, compensation, community service, or in the most serious cases, imprisonment.

  • Is it difficult to change parenting orders?

    It can be. The law places strong emphasis on finality, so the threshold for change is high. However, if your situation has shifted in a meaningful way, variation may be possible. Our Engadine family law team can examine your circumstances and explain the options available.

Get the Right Legal Advice for Your Family Law Matter in Engadine

Facing challenges with final parenting orders? Whether you need to vary existing arrangements or enforce compliance, the Engadine family law team at Kells is ready to protect your interests and support your next steps.

Speak to a Family Lawyer

Whether you're navigating separation, parenting arrangements, or property division, our team is here to help you move forward with confidence and care.

Family Law & Children

Area of Expertise