You’ve got a parenting plan or court order in place. But what happens if one parent doesn’t stick to it?

Maybe they keep the kids longer than agreed. Or miss handover times. Or won’t let you speak to your child. When this happens, it’s called a breach—and you do have options.

This page explains what counts as a breach, what steps you can take, and how the court may respond if the other parent breaks the agreement or order.

What Counts as a Breach?

A breach happens when one parent:

• Doesn’t follow a Parenting Order made by the court

• Goes against a Parenting Plan (if it’s been turned into Consent Orders)

• Regularly ignores the agreed schedule without a good reason

Example:
Jess and Mark had court orders for shared care. But Mark kept their daughter longer every second weekend and didn’t return her on time. That’s a breach of court orders.

What If It’s Just a One-Off?

Sometimes, small issues (like being late) don’t need court action. Try to:

• Keep a written record

• Raise the concern calmly

• Suggest a clear solution

But if the breaches are ongoing, serious, or affecting your child—you may need to take legal steps.

What Can You Do If There’s a Breach?

1. Try to resolve it first (if it’s safe) – through discussion, mediation or Family Dispute Resolution (FDR)

2. Apply to the court to:

   • Enforce the orders

   • Change the orders if needed

   • Ask for consequences (like makeup time or fines)

The court will look at:

• What the order says

• How serious the breach was

• Whether there was a reasonable excuse (e.g., illness, safety concerns)

What Are the Consequences for Breaking Parenting Orders?

If the court finds the breach was without good reason, it can:

• Make new or changed Parenting Orders

• Order makeup time with the child

• Require parenting programs or counselling

• Issue fines or community service

• In extreme cases, consider jail (this is rare)

What If a Parent Has a Good Reason for the Breach?

Some breaches are justified, such as:

• A child being sick

• Safety concerns backed by evidence

• Natural disasters or unavoidable delays

The court won’t penalise a parent if it finds the reason was genuine and reasonable.

Final Thought

It’s frustrating when one parent doesn’t follow what was agreed—but you don’t have to put up with it.

Australian family law provides clear steps for handling breaches. At Aussie Divorce, we break it all down in plain English—so you know your options and when to act.