Expertise

Varying & Enforcing Final Parenting Orders

VARYING/ENFORCING FINAL ORDERS IN HEATHCOTE

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Extensive Experience

Our family law team offers comprehensive support in Heathcote for those navigating divorce, property settlements, and final parenting orders. With a strong track record across complex and straightforward cases, we bring both knowledge and practical insight to every client interaction.

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Dedicated Team

We focus on making the legal process more manageable, clearly explaining each step, keeping communication straightforward, and helping you stay in control of your legal costs.

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Trusted Family Lawyers

We approach every matter with calm, strategic thinking. Whether you're finalising a separation or working through asset division, we prioritise solutions that align with your circumstances and help you take the next step.

Here to Help

Final parenting orders are meant to give families stability, yet life often brings unexpected changes. Arrangements that once worked well may become unworkable, or a parent may refuse to meet their responsibilities. Situations like these can be stressful and leave families uncertain about the options available.


At Kells, we work with families in Heathcote who are dealing with these challenges. Our family law team provides support with applications to vary orders where circumstances have shifted, and we also take steps to uphold existing arrangements when they are not being followed.

Family Law & Children

Area of Expertise

How Can Our Heathcote Family Lawyers Help?

Parenting orders are intended to give families stability and clear direction, but life circumstances do not always remain the same. Over time, arrangements that once worked may become difficult to maintain, or a parent may choose not to comply with the orders in place.

If there has been a significant change in your situation, you may be able to apply to the court for updated orders. In other cases, enforcing compliance may be necessary when one parent is not meeting their obligations.


Understanding how the law applies to your circumstances is essential. Our Heathcote family lawyers can assess your position and advise on the best steps forward, whether that means applying for a variation or seeking enforcement of existing arrangements.


Here’s how we can help:

Varying Final Parenting Orders

Although parenting orders are designed to be final, the court will only consider changing them in limited circumstances. A variation will be allowed if there has been a substantial change since the original orders were made and if altering them is in the best interests of the child.


In May 2024, section 65DAAA of the Family Law Act 1975 (Cth) commenced. While early decisions interpreted the section differently, the Full Court in Radecki confirmed it reflects the long-standing Rice and Asplund principle. This means the standard for changing parenting orders remains high, requiring strong evidence of a material change before a review will be granted.


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 Heathcote family law team can evaluate whether your circumstances are likely to satisfy this threshold and, if so, prepare and present your application to the court.



Enforcing Final Orders

If a parent refuses to comply with final parenting orders, there are legal options to enforce them. An application to the court may lead to:

  • 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 provide advice on the most effective way forward, whether that involves reaching a resolution through negotiation or seeking court intervention.

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 formalise the updated arrangements. This is generally the simplest and most cost-effective option.

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

    If agreement cannot be reached, an application to the court is required. The court will only consider varying existing orders if you can demonstrate that there has been a significant change in circumstances.

  • What if my ex is not following the orders?

    You may apply to the court to enforce the orders. Depending on the situation, the court can require compliance, provide make-up time if parenting time has been withheld, or impose penalties such as fines, bonds, compensation, community service, or in serious cases, imprisonment.

  • Is it difficult to change parenting orders?

    Yes, as the law places strong importance on finality. The threshold for change is high, but if there has been a genuine shift in circumstances, variation may be possible. Our Heathcote family law team can assess your case and advise you on the steps available.

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

Having difficulties with final parenting orders? Whether you’re seeking a variation to reflect changed circumstances or need to enforce existing arrangements, the Heathcote family law team at Kells is here to safeguard your rights and guide you through the process.

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