Expertise

Varying & Enforcing Final Parenting Orders

VARYING/ENFORCING FINAL ORDERS

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Kells' experienced family lawyers specialise in all areas of family law including divorce, separation, child custody, child support, and varying or enforcing final orders.

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Conveniently located in Wollongong and across the Illawarra region, our family law team offers the highest level of service, whilst remaining affordable and easy to talk to.

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Final parenting orders are meant to provide certainty, but life does not always stay the same. Circumstances may change, making existing orders difficult or impractical to follow. At other times, one party may simply refuse to comply with the orders. Both situations can be stressful and leave you unsure about your options.


At Kells, we understand how challenging it can be to deal with changes after final orders are made. Our family law team can help you apply to vary orders when circumstances have shifted, or take steps to enforce them when they are not being followed.

Family Law & Children

Area of Expertise

How Can Our Wollongong Family Lawyers Help?

Final parenting orders carry significant weight and are made with the intention of providing long-term clarity and stability for families.

However, the law recognises that circumstances can evolve in ways that affect the practical operation or appropriateness of those orders. In some cases, a substantial change may justify returning to court to seek new arrangements. In others, a parent’s failure to comply with existing orders may require formal enforcement.


Understanding the legal thresholds and processes in either scenario is essential. Our Wollongong family lawyers can guide you through your options, whether you're seeking to vary an order due to a material change in circumstances or take action to enforce compliance.


Here’s how we can help:

Varying Final Parenting Orders

Final parenting orders can only be revisited in limited circumstances. Courts will generally not reconsider them unless there has been a significant change in circumstances since the orders were made and it is in the best interests of the child to do so.


In May 2024, section 65DAAA of the Family Law Act 1975 (Cth) came into effect. While initially interpreted differently across various cases, the Full Court in Radecki found that there is no discernible difference between section 65DAAA and the long-standing Rice and Asplund rule. This means the threshold for changing final parenting orders remains high, requiring evidence of a material change before a court will reconsider them.


Some 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 family lawyers can advise you whether your circumstances are likely to meet this threshold, and if so, prepare and present your case to the court.


Enforcing Final Orders

If your former partner refuses to follow final orders, there are steps that can be taken to enforce them. Applications can be made to the court seeking:

  • 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 assess the situation and recommend the best way forward, whether through negotiation or court action.


Frequently Asked Questions

  • Can final orders ever be changed by agreement?

    Yes. If both parties agree to vary final orders, you can apply to the court for “consent orders” that reflect the new agreement. This is usually the simplest and most cost-effective option.

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

    If one party does not agree, you will need to apply to the court and demonstrate that a significant change in circumstances has occurred.

  • What if my ex is not following the orders?

    You may be able to apply to the court to enforce the orders. Depending on the situation, the court can order compliance, award make-up time, or impose penalties.

  • Is it difficult to change parenting orders?

    Yes, because the law places strong emphasis on finality. However, if your situation has changed in a significant way, it may be possible. Our family lawyers can advise you based on your circumstances.

Get the Right Legal Advice for Your Family Law Matter

If you need advice about varying or enforcing final orders, get in touch with our family lawyers at Kells for sound 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