In Brief — Enforce­ment of court orders and par­ent­ing plans

A court can fine or gaol a par­ent for not abid­ing by court orders. How­ev­er, this is not the case with par­ent­ing plans. 


Par­ents’ responsibility

With­out court orders or par­ent­ing plans, both par­ents are legal­ly respon­si­ble for their children’s upbring­ing and this respon­si­bil­i­ty con­tin­ues even if the rela­tion­ship breaks down. Gen­er­al­ly, par­ents are the peo­ple who know what is best for their chil­dren, so it is usu­al­ly in the best inter­ests of chil­dren for par­ents to agree about what will hap­pen to their chil­dren. This agree­ment can be doc­u­ment­ed either as con­sent orders with the court, or a par­ent­ing plan.

What is a par­ent­ing plan?

A par­ent­ing plan is a writ­ten doc­u­ment con­firm­ing what the par­ents have agreed to with respect to their chil­dren. It is signed and dat­ed by both par­ents, but is not lodged with the court (in the way that con­sent orders are). Par­ent­ing plans are not legal­ly bind­ing and can­not be enforced by the court. How­ev­er, it is not rec­om­mend­ed that you enter into a par­ent­ing plan with­out seek­ing legal advice first, as the pro­vi­sions of the par­ent­ing plan are very per­sua­sive and the court may take them into account.

Enforce­able agreements

Giv­en that par­ent­ing plans are not enforce­able, if you reach an agree­ment with your for­mer spouse about par­ent­ing arrange­ments for your chil­dren and would like to make the agree­ment enforce­able, then you will need to doc­u­ment your agree­ment as con­sent orders sealed by the court.

Enforce­ment of court orders

If you have court orders, they can be enforced by the court through var­i­ous means. For exam­ple, a court can order that the chil­dren are col­lect­ed from one par­ent and deliv­ered to the care of the oth­er par­ent, or that there be make up time giv­en if one par­ent miss­es time with the chil­dren because of the actions of the oth­er par­ent. A court can fine or even gaol a par­ent who does not abide by court orders. There is also the pos­si­bil­i­ty that a court will change orders to reflect that the chil­dren live with the oth­er par­ent if a par­ent does not com­ply with the court orders.

For fur­ther infor­ma­tion, please contact:

If you would like to repub­lish this arti­cle, it is gen­er­al­ly approved, but pri­or to doing so please con­tact the Mar­ket­ing team at marketing@​swaab.​com.​au. This arti­cle is not legal advice and the views and com­ments are of a gen­er­al nature only. This arti­cle is not to be relied upon in sub­sti­tu­tion for detailed legal advice.

Publications

Land­lords Beware: New Tobac­co Laws Could Mean Heavy Fines and Even Gaol Time

How Do New Tobac­co Laws Affect Land­lords in NSW?This year the NSW State Gov­ern­ment is crack­ing down on the sale of…

When is entry into a lot with­out the lot own­er’s con­sent per­mit­ted to car­ry out repair work to com­mon prop­er­ty? When there is an emergency

When is entry into a lot with­out the lot own­er’s con­sent per­mit­ted to car­ry out repair work to com­mon prop­er­ty? When…

A Short Sto­ry about Bullying

In the recent Fair Work Com­mis­sion deci­sion of Appli­ca­tion by Gary Whitham [2026] FWC 3322, Deputy Pres­i­dent Col­man gave short…

In the News

Michael Byrnes appeared on the Media Bub­ble pod­cast episode, Big Events, Big Ads, Big Atten­tion”, to dis­cuss the court pro­ceed­ings between Karl Ste­fanovic and his busi­ness part­ner and the lat­est on the Jack­ie O’ Hen­der­son v ARN case, on 17 Sept 2026

This dis­cus­sion exam­ines the NSW Supreme Court pro­ceed­ings between Ste­fanovic and his for­mer pod­cast busi­ness part­ner, Kesh­nee IbrahimMichael Byrnes appeared on…

Con­grat­u­la­tions Angela Har­vey for being recog­nised in 2026 Doyle’s Guide Rankings

We’re proud to announce that Angela Har­vey has been recog­nised in the 2026 Doyle’s Guide as a:Rec­om­mend­ed Lead­ing Suc­ces­sion Plan­ning Lawyer…

Michael Byrnes appeared on the ABC Radio Nation­al Law Report episode, The rapid rise of AI use in employ­ment law dis­putes”, on 15 Sep­tem­ber 2026.

What are the con­cerns over the rapid rise in the use of AI by self-rep­re­sent­ed lit­i­gants in employ­ment law disputes.Michael Byrnes…

Sign up for our Newsletter

*Mandatory information