Parenting orders can be made by consent (when both parents agree) or after a court hearing. Once in place, both parents are legally required to comply with them. Failing to do so is a contravention, in other words, a breach of the court order.

If a parent breaches a parenting order, the other parent can apply to the court to enforce it. The court will look at whether the breach was minor, serious, or repeated.

Depending on the circumstances, the court may:

• Make further orders to ensure the parenting arrangements are carried out.
• Compensate time lost with the child (e.g., allowing makeup time).
• Order a bond requiring good behaviour.
• Require participation in parenting programs to encourage compliance.
• Impose fines or community service for more serious breaches.
• Order imprisonment in very serious or repeated cases.

The court recognises that sometimes a parent may have a reasonable excuse for not following parenting orders.

Examples include:

• Believing it was necessary to protect the child’s safety.
• Circumstances beyond their control (e.g., sudden illness, emergency travel delays).

If the court accepts the excuse as genuine, penalties may not apply.

If the current parenting orders are no longer practical or in the child’s best interests, a parent can apply to vary the orders rather than breaching them.

Common reasons include:

• Changes in a parent’s work schedule or living arrangements.
• Concerns for the child’s welfare or safety.
• A child’s needs changing as they grow older.

Parenting orders are legally enforceable, and breaches are taken seriously. If a parent consistently fails to follow them without a valid reason, the court has the power to impose consequences ranging from make-up time to fines or even imprisonment. If you are struggling with existing parenting arrangements, it’s often better to seek legal advice and apply to vary the orders rather than risk breaching them.