Expertise

Varying & Enforcing Final Parenting Orders

VARYING/ENFORCING FINAL ORDERS IN HAWKESBURY

Extensive Experience

Kells' family lawyers in Hawkesbury have extensive experience handling divorce, separation, child custody, child support, property settlements, and final parenting orders.

Dedicated Team

Our Hawkesbury family law team delivers high-quality legal services. We focus on making the process straightforward and cost-effective so you always feel confident and informed.

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Your rights and best interests come first. We recognise the challenges of family law matters and provide thoughtful, practical advice to help you through every step.

Here to Help

Parenting orders are meant to bring stability, but life changes can make them hard to follow. Circumstances may shift in ways that no longer fit the original arrangements, or one parent may choose not to comply. Either scenario can be overwhelming and leave you unsure about your options.


At Kells, we work with families in the Hawkesbury to address these challenges. Our family law team assists with seeking variations when new circumstances arise, and we also take action to uphold orders when they are not being observed.

Family Law & Children

Area of Expertise

How Can Our Hawkesbury Family Lawyers Help?

Parenting orders are designed to give families long-term direction and stability. They carry weight, but life often changes in ways that can affect how well those arrangements function.

If circumstances shift in a significant way, it may be possible to return to court and ask for updated orders. In other cases, one parent may refuse to comply with the orders already in place, which can create the need for formal enforcement.


Understanding when and how the law allows for these steps is essential. Our Hawkesbury family lawyers work with clients to assess their situation and identify the right approach, whether that involves seeking variations due to new circumstances or taking action to uphold existing orders.


Here’s how we can help:

Varying Final Parenting Orders

Parenting orders are considered final, but in limited situations the court may agree to review them. This will only happen if there has been a substantial change in circumstances since the orders were made and the proposed variation is in the child’s best interests.


In May 2024, section 65DAAA of the Family Law Act 1975 (Cth) came into force. While early cases produced mixed interpretations, the Full Court in Radecki confirmed that it aligns with the long-standing Rice and Asplund principle. In practice, this means the standard remains high, and evidence of a genuine change is required before the court will consider new arrangements.


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 Hawkesbury family law team can evaluate whether your situation meets this threshold and, if so, prepare and present your application to the court.

Enforcing Final Orders

If a parent refuses to comply with existing orders, there are steps that can be taken to uphold 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 assess your circumstances and recommend the most practical path forward, whether that involves negotiation or court proceedings.

Frequently Asked Questions

  • Can final orders ever be changed by agreement?

    Yes. If both parties reach agreement, you can apply to the court for consent orders that set out the revised arrangements. This is often the simplest and most cost-effective option.

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

    If agreement cannot be reached, you will need to apply to the court. The court will only consider altering final orders if you can demonstrate that a significant change in circumstances has occurred.

  • What if my ex is not following the orders?

    You may apply to the court to enforce compliance. Depending on the situation, the court may order adherence to the arrangements, grant make-up time for missed parenting time, or impose penalties such as fines, bonds, compensation, community service, or in very serious cases, imprisonment.

  • Is it difficult to change parenting orders?

    Yes, because the law values finality in parenting arrangements. However, if your circumstances have changed in a substantial way, it may be possible. Our Hawkesbury family law team can review your case and outline the options available to you.

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

Need assistance with varying or enforcing final parenting orders? Connect with the Hawkesbury family law team at Kells for sound legal advice.

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