Expertise

Varying & Enforcing Final Parenting Orders

VARYING/ENFORCING FINAL ORDERS IN KIAMA

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Extensive Experience

Our family lawyers in Kiama handle all aspects of family law, including separation and divorce, parenting arrangements, property and financial settlements, and final parenting orders.

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Dedicated Team

We focus on making the process clear and manageable. By working closely with you, our Kiama team helps cut through complexity and provides practical direction so you always know where you stand.

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Trusted Family Lawyers

Family breakdowns can be emotionally challenging and stressful. We take a thoughtful, focused approach and guide you toward outcomes that protect your wellbeing and support your long-term future.

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Family life changes over time, and parenting orders that once worked well may no longer suit your situation. In some cases, the arrangements become impractical, or one parent may refuse to follow them, leaving families under pressure and uncertain about the next step.


Kells works with families in Kiama facing these issues. Our family law team can assist with applications to vary orders when circumstances have changed and take action to enforce them when they are not being followed.

Family Law & Children

Area of Expertise

How Can Our Kiama Family Lawyers Help?

Parenting orders are intended to give families stability, but changing circumstances can make them difficult to maintain. What once seemed workable may no longer meet a family’s needs, and in some situations, a parent may refuse to comply.

If there has been a significant change, you may be able to apply to the court for updated orders. Where orders are being ignored, steps can also be taken to enforce them through the court.


Our Kiama family lawyers assist clients by reviewing their situation, outlining the available options, and providing support in seeking a variation or enforcing compliance with existing arrangements.


Here’s how we can help:

Varying Final Parenting Orders

Parenting orders are intended to provide lasting arrangements, but they can only be revisited in limited situations. The court will only consider a variation if there has been a major change since the orders were made and if altering them serves the child’s best interests.


In May 2024, section 65DAAA of the Family Law Act 1975 (Cth) came into force. Early interpretations varied, but the Full Court in Radecki confirmed it operates consistently with the established Rice and Asplund principle. This means the threshold remains high, requiring clear evidence of a genuine shift in circumstances before new arrangements will be considered.


Situations that may justify a variation 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 Kiama family law team can advise whether your case meets this standard and, if so, prepare and present the application on your behalf.

Enforcing Final Orders

If a parent fails to comply with existing orders, legal steps can be taken 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 review your circumstances and help identify the most effective approach, whether that involves negotiation or seeking enforcement through the court.

Frequently Asked Questions

  • Can final orders ever be changed by agreement?

    Yes. If you and the other parent reach agreement, you can apply to the court for consent orders to 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 one parent does not agree, you must apply to the court. The court will only consider varying orders if there is clear evidence of a significant change in circumstances since the original orders were made.

  • What if my ex is not following the orders?

    You may apply to the court to have the orders enforced. Depending on the circumstances, the court may require compliance, grant make-up time where 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?

    It can be. The law gives considerable weight to finality, so the threshold for change is high. However, where there has been a genuine shift in circumstances, variation may be possible. Our Kiama family law team can review your case and outline the options available.

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

Need to vary or enforce final orders? Kells’ Kiama family lawyers are ready to review your situation and take action on your behalf.

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