Expertise

Varying & Enforcing Final Parenting Orders

VARYING/ENFORCING FINAL ORDERS IN SHELLHARBOUR

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Extensive Experience

Our family lawyers in Shellharbour work across all areas of family law, including divorce, parenting arrangements, financial settlements, and final parenting orders.

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Dedicated Team

We aim to make the legal process as straightforward as possible. Our team works closely with you to reduce complexity and offer practical direction, so you’re never left uncertain about your next step.

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Trusted Family Lawyers

We understand how difficult family breakdowns can be. Our approach is thoughtful and focused, helping you make decisions that protect your wellbeing and long-term interests.

Here to Help

Life rarely stays the same, and when circumstances shift, final parenting orders may no longer reflect what a family needs. What once provided stability can become unworkable, and in some cases, one parent may ignore their obligations altogether. These situations often create stress and leave parents questioning what action they can take.


In Shellharbour, Kells supports families through these challenges. Our family law team assists with seeking changes to existing orders when circumstances have altered, and we also act to enforce compliance where arrangements are not being respected.

Family Law & Children

Area of Expertise

How Can Our Shellharbour Family Lawyers Help?

Parenting orders are designed to create stability, but family circumstances often change. Arrangements that once worked smoothly can become impractical, and sometimes one parent may refuse to follow what has been set out.

When this happens, different legal options may be available. If there has been a substantial shift in circumstances, you may be able to apply to the court for new orders. Where a parent is not complying, steps can also be taken to enforce the arrangements already in place.


Our Shellharbour family lawyers work closely with clients to identify the most effective path forward. We review your situation, explain the options clearly, and provide the support needed whether you are seeking a variation or pursuing enforcement.


Here’s how we can help:

Varying Final Parenting Orders

Parenting orders are intended to be final, but the court will only revisit them in exceptional circumstances. A variation may be granted if there has been a substantial shift since the orders were made and if changing them is in the child’s best interests.


In May 2024, section 65DAAA of the Family Law Act 1975 (Cth) came into effect. While initially interpreted in different ways, the Full Court in Radecki confirmed that the provision aligns with the long-standing Rice and Asplund principle. This means the bar for altering orders remains high, and strong evidence of a genuine change is required before a review will be considered.


Examples of circumstances 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 Shellharbour family law team can assess whether your situation meets this threshold and, if appropriate, prepare and present an application on your behalf.

Enforcing Final Orders

When a parent does not comply with final parenting orders, steps can be taken 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.


Our team can review your situation and recommend the most effective path forward, whether that involves negotiating a resolution or pursuing enforcement through the court.

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 confirm the new arrangements. This is usually the most straightforward and cost-effective way to update orders.

  • 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 there has been a significant change in circumstances since the original orders were made.

  • What if my ex is not following the orders?

    You can ask the court to enforce the existing orders. Depending on the situation, the court may require compliance, allow make-up time if parenting time 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?

    Yes, because the law places strong weight on finality. However, if there has been a genuine shift in circumstances, the court may be willing to reconsider. Our Shellharbour family law team can review your situation and explain the options available to you.

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

Trouble with final parenting orders? From seeking changes after life shifts to making sure existing arrangements are upheld, Kells’ Shellharbour family law team is ready to step in and act 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