When both parents agree on a parenting plan, it’s expected that everyone follows through. But what happens if your ex isn’t sticking to the agreement?
Whether it’s missed handovers, changed plans without notice, or refusal to cooperate, these situations can be stressful and confusing. This guide explains what your rights are and what steps you can take under Australian family law.
Summary: When a parenting agreement is ignored or breached, it can leave you feeling frustrated and powerless. However, there are practical and legal options available to help you respond. From documenting breaches to seeking help from the courts, this guide explains how to protect your child’s best interests while staying within the law.
Understanding Parenting Agreements
In Australia, parenting agreements can take two main forms:
- Parenting Plans
These are written agreements between both parents about how they’ll care for their children. They’re not legally binding, but they’re still useful for clarity and cooperation. - Parenting Orders
These are legally enforceable decisions made by the court. They can be made with or without a prior agreement between parents.
The type of agreement in place will determine what legal action you can take if it’s not being followed.
Common Signs of Breach
When a parenting agreement or order is in place, both parties are legally expected to follow its terms. Unfortunately, breaches can and do occur. Here are some of the most common warning signs:
Refusing or Failing to Hand Over the Child During Scheduled Visits
If one parent consistently withholds the child during their agreed visitation times, it can significantly affect the child’s relationship with the other parent. This is a direct breach of the parenting arrangement and may also cause emotional distress to the child.
Changing Agreed-Upon Arrangements Without Notice or Consent
Unilateral changes, such as switching drop-off times, altering who picks up the child, or modifying agreed school holiday plans—without informing or gaining agreement from the other parent may be considered a breach, especially if they interfere with the other parent’s rights or the child’s routine.
Denying Communication with the Child
If one parent prevents the child from calling, video chatting, or otherwise communicating with the other parent when contact is agreed upon or expected, it can be harmful to the parent–child relationship and violate the agreement.
Taking the Child Interstate or Overseas Without Permission
Travelling with the child beyond agreed-upon areas, particularly interstate or overseas—without prior consent from the other parent or without a court order may not only breach the parenting agreement but also raise serious legal concerns, especially in situations involving shared parental responsibility.
Failing to Attend Shared Care or School Responsibilities
If a parent routinely fails to participate in shared responsibilities like school drop-offs, extracurricular activities, or healthcare appointments (when specified in the agreement), it places the full burden on one parent and undermines the shared care arrangements.
If these things are happening regularly, it’s important to take action.
What to Do if a Parenting Plan Is Not Being Followed
While parenting plans aren’t legally enforceable, they can still be taken seriously.
Steps to take:
- Start by communicating: Try to resolve the issue directly if it’s safe to do so.
- Document all incidents: Note times, dates, and what happened.
- Seek mediation: A Family Dispute Resolution practitioner can help negotiate new terms.
- Apply for consent orders: If ongoing issues persist, you can formalise the plan into a court-enforceable order.
What to Do if a Parenting Order Is Breached
Parenting orders are legally binding. Breaching them may lead to serious legal consequences.
Your options:
- Keep a record of breaches: Be factual and detailed in your notes.
- Seek legal advice: A family lawyer can advise you on next steps.
- File a contravention application: If your ex has no reasonable excuse, the court can impose penalties, including fines, compensation for missed time, or in serious cases, jail time.
It’s also possible for the court to vary the orders if circumstances have changed.
When to Involve a Family Lawyer
If your ex repeatedly breaches a parenting agreement or the situation becomes hostile, a family lawyer can help you:
- Understand your rights
- Gather the right documentation
- Represent you in court if needed
- Seek changes to parenting orders
- Apply for urgent enforcement or recovery orders
Legal advice gives you the best chance of protecting your child and maintaining a stable arrangement.
Call for Support
Parenting disputes can be emotionally draining, especially when agreements aren’t respected. If you’re dealing with repeated breaches or unsure what to do next, our team at Simonidis Steel is here to help. We provide expert advice and legal support tailored to your unique family situation.
Contact us today for practical guidance on enforcing your parenting agreement.
Key Takeaways
- Parenting plans are not legally enforceable, but parenting orders are.
- Breaches should be documented and addressed through communication or mediation where possible.
- Legal options include applying for enforcement through the courts.
- A family lawyer can guide you through the best path forward.
FAQ
What if my ex only breaks the agreement occasionally?
Even small breaches matter if they affect your child or create ongoing stress. It’s worth keeping a record and seeking advice.
Can the police help enforce a parenting order?
In some cases, yes. For serious breaches or recovery of a child, the court can issue orders that involve police assistance.
Do I need to go to court every time?
Not necessarily. Mediation or updated agreements may be suitable in many cases, but repeat or serious breaches may require legal intervention.
