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What to Do When Your Co-Parent Refuses to Follow Court Orders
When you finally reach parenting orders, whether by agreement or after a court hearing, it can feel like a weight has been lifted. Parenting orders are meant to create structure, reduce conflict, and protect your child’s routine and wellbeing. But what happens when your co-parent simply doesn’t follow them? Maybe they refuse handovers, block communication, change schedules on a whim, or ignore key parts of the orders. Whatever the situation, it can be incredibly stressful. The good news is that the Family Law Act provides clear steps for parents dealing with breaches.

1. What Counts as Breaching Parenting Orders?

A parent breaches (or “contravenes”) orders when they:
  • Intentionally don’t follow what the order requires
  • Make no reasonable attempt to comply
  • Prevent the other parent from following the order
  • Act outside the orders without agreement or a lawful excuse

2. Try to Resolve the Issue First (If Safe)

Before going back to court, it’s usually recommended to try:
  • Calm, written communication (email or text)
  • Clarifying misunderstandings, sometimes the issue is confusion, not defiance
  • Using a parenting app like Our Family Wizard

If the situation involves family violence, safety issues, or harassment, you do not need to negotiate directly. Your safety comes first.

3. Attend Mediation or Family Dispute Resolution (FDR)

In many cases, you’ll need to attempt Family Dispute Resolution before filing an enforcement application. FDR can help both parents talk through issues and get back on track with the orders. If mediation fails or the other parent refuses to engage, you’ll usually receive a Section 60I Certificate, which allows you to apply to the court.

You do not need mediation if:
  • There’s a risk of family violence
  • The breach is serious
  • It’s urgent

4. Apply to the Court for Enforcement

If the behaviour continues, you can file a Contravention Application in the Federal Circuit and Family Court of Australia.

The court can:
  • Enforce the orders as written
  • Clarify or modify unclear terms
  • Order makeup time with the child
  • Order the other parent to attend parenting programs
  • Impose penalties for serious or repeated breaches

5. Penalties for Breaching Parenting Orders

The court takes compliance seriously, especially when the breach harms the child or is deliberate.

Depending on the situation, consequences can include:
  • Warnings
  • Mandatory parenting courses
  • Make-up time
  • Orders to pay the other parent’s legal costs
  • Fines
  • Community service
  • Good behaviour bonds
  • More substantial cost orders
  • Changes to the existing parenting orders

The court’s focus is always on protecting the child’s stability and best interests, not punishing parents unnecessarily.

6. Keep Records of Everything

If you're dealing with ongoing breaches, documentation is your best protection.
Keep copies of:
  • Messages about handovers
  • Missed or refused time
  • Evidence of attempts to resolve issues
  • School or childcare communication
  • Any incidents affecting the child

If you need to go back to court, this will be crucial.
Dealing with a co-parent who won’t follow court orders can be exhausting, emotionally, financially, and mentally. The Family Court understands this, which is why there are clear pathways to enforce orders and protect your child’s stability
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2113 4645 if you need our assistance.
Tags:
Children
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