● Parenting Arrangements

What happens if a parent refuses to comply with a parenting order in NSW?

A parenting order made by the Federal Circuit and Family Court of Australia isn’t optional. Once it’s in place, both parents are legally bound to follow it — and breaching that order is a serious matter with real consequences.

What counts as a breach?

A breach occurs when a parent fails to comply with the terms of the order without a reasonable excuse. This can include:

•  Refusing to hand over a child at the agreed time

•  Keeping a child beyond the scheduled period

•  Preventing the other parent from having contact

•  Relocating with a child without court approval

What can the court do about it?

Under the Family Law Act 1975, the court has a range of powers when a contravention is proven. These include:

•  Ordering the non-complying parent to attend a post-separation parenting program

•  Requiring the breaching parent to compensate the other parent for lost time with the child

•  Imposing a fine or community service order

•  In serious cases, imprisonment

The child’s interests come first

It’s important to understand the underlying principle here. Under Australian family law, parents carry an obligation to ensure their children can maintain a meaningful relationship with both parents, not the other way around. Children have a right to know and be cared for by both parents. A parent who repeatedly undermines that right isn’t just breaching an order; they’re acting against the child’s best interests.

Questions to consider

•  Has the breaching parent offered any reason for non-compliance that might constitute a ‘reasonable excuse’ under s70NAE of the Family Law Act?

•  Is this an isolated incident or a pattern of behaviour? The court treats repeated breaches very differently from a one-off.

•  Have you kept a record of missed handovers, messages, and communications? This evidence is critical before filing a contravention application.

Written by John Bui, Managing Principal, JB Solicitors -18 years in Australian family law. This content is general in nature and does not constitute legal advice. For advice specific to your circumstances, contact JB Solicitors
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