Family Law Orders Aren’t Optional: What Happens When Someone Does Not Comply?

A court order is not a suggestion.

But when a former partner misses a payment, refuses to transfer property or does not follow parenting arrangements, the correct next step is not always obvious.

The procedure depends on what the order requires, what has happened and (most importantly) what outcome you need.

1. Start with one question: what kind of order has not been followed?

There is an important distinction between:

• enforcing a financial or property order;
• asking the Court to deal with an alleged contravention of a parenting order;
• seeking punishment for contempt in serious or exceptional circumstances; and
• asking the Court to change an order that is no longer workable.

These options involve different applications, evidence and possible outcomes. Choosing the wrong procedure can cause delay, additional costs or rejection or dismissal of the application.

2. Financial and property orders

From 21 September 2026, the Federal Circuit and Family Court of Australia’s National Enforcement List will provide a dedicated process for applications and requests seeking enforcement of financial and property orders.

The List changes how these matters are filed and managed. It does not make enforcement automatic or create entirely new enforcement powers.

The process may be relevant where, for example, someone has failed to:

• pay an amount required by an order;
• transfer real property or shares;
• sign a deed or transfer;
• give possession of real or personal property; or
• comply with certain child-support obligations.

Applications and enforcement requests must be lodged through a dedicated Court email address with the required supporting documents.

An Application – Enforcement generally requires evidence that:

• the sealed order was served on the other person, or that they otherwise knew its terms;
• any conditions that had to occur before compliance were satisfied;
• the obligation has not been performed;
• the amount claimed is correctly calculated, including payments already made and any interest; and
• any previous or current enforcement action has been disclosed.

The supporting affidavit must be sworn or affirmed no more than two days before it is lodged. A deficient application may be rejected and have to be prepared again.

There are also limits on what the Court can do without further orders. For example, a Registrar may sign a deed or instrument on someone’s behalf only where an existing order under s 106A authorises that step. If there is no such order, an additional Court order may first be required.

Special preliminary requirements apply to some child-support enforcement matters, including notice to the Child Support Agency and, in some cases, obtaining an order fixing the amount payable.

If the Court is required to make an enforcement order, the person who failed to comply may also be ordered to contribute to the other party’s legal costs. Costs are not automatic and will depend on the circumstances.

3. Parenting orders are dealt with differently

The National Enforcement List does not apply to parenting contraventions or contempt applications.

If a child-related order has not been followed, the person alleging the contravention may need to file an Application – Contravention in the Court’s separate National Contravention List.

The Court may need to determine:

• exactly what the order required;
• whether the order applied to the person;
• whether the person intentionally failed to comply or made no reasonable attempt to comply;
• whether someone else intentionally prevented compliance or assisted a contravention; and
• whether there was a reasonable excuse.

A reasonable excuse may include a genuine and reasonable belief that the conduct was necessary to protect someone’s health or safety, provided the non-compliance lasted no longer than necessary. Whether an excuse is reasonable will depend on the evidence.

Possible parenting-order contraventions may include:

• failing or refusing to return a child as required;
• preventing a child from spending ordered time with another person;
• preventing ordered telephone or electronic communication;
• interfering with another person’s court-ordered parental responsibility; or
• doing something expressly prohibited by a child-related order.

Not every disagreement amounts to a contravention. The exact wording of the order—and what each person actually did—matters.

4. Why the details matter

In Porthos & Porthos [2026] FedCFamC1A 143, decided on 19 August 2026, all charges in a parenting contravention application were dismissed at first instance.

On appeal, the applicant argued that the wrong legal test had been used when the charges were summarily dismissed and that procedural fairness had been denied when permission to amend the application was refused.

The appeal court identified an error of law but concluded that it caused no miscarriage of justice. The appeal was dismissed.

The case is a useful reminder that contravention allegations need to be properly framed from the outset. A person should not assume that they will be allowed to substantially rewrite an allegation at the hearing.

For each alleged event, it is sensible to record:

• the precise paragraph of the order relied upon;
• the date, time and place of the alleged contravention;
• exactly what each person did or failed to do;
• relevant messages, emails, payment records or other documents;
• evidence showing that the other person knew about the order; and
• any explanation or reasonable excuse that has been given.

Where there are several alleged events, each should be identified separately. Broad statements that someone “always breaches the orders” are unlikely to provide the detail required.

5. What if the parenting orders are no longer workable?

Sometimes the real issue is not deliberate defiance.

Circumstances may have changed, the drafting may be unclear or the arrangements may no longer meet the child’s needs. In that situation, seeking to change the orders may be more appropriate than asking the Court to impose a penalty.

Final parenting orders cannot simply be reopened because one person wants a different arrangement. Under s 65DAAA of the Family Law Act 1975, the Court must consider whether there has been a significant change in circumstances and whether reconsidering the orders would be in the child’s best interests. Different considerations apply where all parties agree to reconsider the orders.

Before filing an application, it is important to identify the result actually required:

• compliance with the existing order;
• recovery of money;
• execution of a document;
• make-up parenting time;
• urgent or protective orders;
• variation of an unworkable arrangement; or
• a finding of contravention and, where appropriate, a penalty or other order.

The Court may sometimes make orders for make-up time, variation or participation in a parenting program without first making a finding that a contravention occurred.

6. What should you do when an order is not followed?

1. Keep the sealed orders and any evidence showing that the other person received or knew about them.
2. Save messages, emails, payment records and relevant photographs.
3. Prepare a factual chronology while the events remain fresh.
4. Do not retaliate by withholding your own compliance without legal advice.
5. If there are immediate safety concerns, contact emergency services where necessary and obtain urgent legal advice about protective steps.
6. Seek advice about the correct procedure before filing an application or substantially changing the existing arrangements.

The Madison Marcus Family Law team can advise on financial enforcement, parenting contraventions, urgent applications and whether existing orders should be varied.