Video chapters
Quick answer
Document the exact order, what happened and the effect on the child. If safe, seek a practical remedy or family dispute resolution. For a serious or repeated breach, a contravention application supported by affidavit evidence can ask the court for make-up time, variation, programs, costs or penalties.
What to do
- Read — Identify the exact clause and obligation
- Record — Build a dated account with messages and handover evidence
- Resolve — Seek a safe practical fix or dispute resolution
- Apply — Use a contravention application when proportionate
Transcript
The other parent has not followed parenting orders. Read the exact clause, including times, conditions and any flexibility. Record what occurred, what each person knew, the messages exchanged and the effect on the child. The court will distinguish a proven breach from ambiguity, accident or a reasonable excuse.
A person may have a reasonable excuse if they did not understand the obligation, or had reasonable grounds to think the breach was necessary to protect health or safety. That is not a permanent power to rewrite the orders. If circumstances have changed, seek consent orders or a formal variation rather than ongoing self-help.
For an isolated problem, a written proposal, parenting app protocol or family dispute resolution may solve the cause. Serious or repeated breaches can be taken to the National Contravention List using an Application — Contravention, affidavit and the order. Personal service and the practice direction must be followed.
Depending on proof and seriousness, the court may make make-up-time orders, vary arrangements, require a parenting program, order costs, impose a bond, fine a party or use other penalties. If a child is not returned, a separate recovery order may be the urgent remedy. Imprisonment is reserved for serious cases.
A lawyer can assess reasonable excuse, evidence, urgency and whether variation is better than punishment. Go To Court can provide free general information and arrange a family-law consultation where a suitable lawyer is available. The contact details are on your screen.
Sources and further help
Sources checked 3 September 2026.
- Federal Circuit and Family Court of Australia — Compliance with parenting orders
- Federal Circuit and Family Court of Australia — National Contravention List
- Federal Circuit and Family Court of Australia — Parenting orders and compliance
- Federal Circuit and Family Court of Australia — Recovery orders
- Go To Court Lawyers — Urgent legal help
Important
This video provides general information about family law in Australia. It is not legal advice and does not take account of your circumstances. Parenting decisions turn on the child's best interests and safety; property outcomes turn on the evidence and circumstances. Laws and court processes can change. Get advice from a qualified lawyer about your situation.