Expertise

Varying & Enforcing Final Parenting Orders

VARYING/ENFORCING FINAL ORDERS IN SYDNEY

Extensive Experience

Kells' family lawyers in Sydney specialise in divorce, separation, child custody, child support, property settlements, and final parenting orders.

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Our Sydney family law team is committed to providing exceptional service. We aim to make the legal process approachable and affordable so you feel supported throughout.

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Protecting your rights and best interests is our top priority. We understand the emotional and financial strain of family law matters and offer compassionate guidance at every stage.

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Final parenting orders are intended to provide stability, but life circumstances often change. What once worked may become difficult or unrealistic to follow. In some cases, one party may also refuse to follow the orders as they stand. Either situation can create significant stress and leave you uncertain about the next steps.


At Kells, we recognise the challenges that can arise after final orders are made. Our Sydney family law team supports clients in seeking variations when circumstances shift, and we also assist with enforcing orders when they are not being respected.

Family Law & Children

Area of Expertise

How Can Our Sydney Family Lawyers Help?

Final parenting orders hold significant importance, as they are made to provide families with long-term structure and certainty.

Even so, circumstances can shift in ways that impact how those orders work in practice. A major change may justify applying to the court for updated arrangements, while in other situations, one parent’s refusal to follow the existing orders may require formal enforcement.


Knowing the requirements and processes involved in these situations is critical. Our Sydney family lawyers can assist you in exploring your options, whether that means seeking to vary an order due to changed circumstances or pursuing steps to enforce compliance.


Here’s how we can help:

Varying Final Parenting Orders

Final parenting orders can only be revisited in specific circumstances. Courts will generally not reopen them unless there has been a significant shift in circumstances since they were made and a change is in the child’s best interests.


In May 2024, section 65DAAA of the Family Law Act 1975 (Cth) came into effect. Although it was interpreted differently in some early cases, the Full Court in Radecki confirmed that it operates in line with the long-standing Rice and Asplund principle. This means the threshold for varying parenting orders remains demanding, requiring proof of a material change before the court will reconsider them.


Examples of substantial changes may 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 family law team in Sydney can assess whether your circumstances are likely to satisfy this threshold and, if so, prepare and present your application to the court.


Enforcing Final Orders

When a former partner does not comply with final orders, there are legal avenues to enforce them. An application to the court can seek:

  • 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 advise on the most effective approach, whether that involves resolution through negotiation or pursuing court action.

Frequently Asked Questions

  • Can final orders ever be changed by agreement?

    Yes. When both parties reach agreement, you can apply to the court for consent orders that record the new arrangements. This is generally the most straightforward and cost-effective approach.

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

    If one parent does not agree, an application to the court is required. You will need to show that a substantial change in circumstances has occurred before the court will consider making new orders.

  • 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 can require compliance, provide make-up time for missed parenting time, or impose penalties that may include fines, bonds, compensation, community service, or, in very serious situations, imprisonment.

  • Is it difficult to change parenting orders?

    It can be. The law places considerable importance on finality, so the threshold for change is high. However, if your situation has altered in a meaningful way, it may be possible. Our Sydney family law team can assess your case and explain the options available.

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

Need help with varying or enforcing final orders? Speak with the family law team at Kells Sydney for clear and strong legal advice and representation.

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