Parenting orders are legally binding decisions made by the Federal Circuit and Family Court of Australia (FCFCOA) concerning children’s living arrangements, parental responsibility, and communication between parents and children. But what happens when one parent moves to a different state and fails to comply with these orders? Understanding how to enforce parenting orders across state lines is essential for protecting your parental rights and ensuring your child’s best interests remain the top priority under Australian Family Law.
Understanding Parenting Orders under Family Law
Parenting orders can be made either by agreement (known as consent orders) or by a court decision following a dispute. These orders cover matters such as:
Who the child lives with;
How much time the child spends with each parent;
Parental responsibility and decision-making;
Communication between the child and parents.
Under Family Law, these orders are enforceable across all Australian states and territories, as they are made under federal jurisdiction. However, complications can arise when a parent relocates, refuses to comply, or attempts to undermine the existing orders.
Are Parenting Orders Enforceable Across States?
Yes — parenting orders are automatically recognised and enforceable nationwide. This means that if your order was made in New South Wales, it remains valid and enforceable in Queensland, Victoria, or any other state.
The Family Law Act 1975 (Cth) ensures that all parenting orders carry the same legal weight throughout Australia, regardless of where they were originally issued. If one parent breaches an order after moving interstate, the other parent can apply to the court in their own state for enforcement.
Steps to Enforce Parenting Orders Across State Lines
Gather Evidence of BreachDocument any instances of non-compliance, such as missed visits, denial of communication, or relocation without consent. Keep detailed notes, text messages, and emails as evidence.
File an Application for Contravention or EnforcementIf mediation fails or is inappropriate (such as in cases involving family violence), you can file a Contravention Application with the Federal Circuit and Family Court of Australia. This application seeks to prove that the other parent deliberately disobeyed the court’s orders.The court may issue penalties such as:
Make-up time for missed contact;
Fines or bonds;
Community service;
In severe cases, imprisonment.
Interstate Cooperation Between CourtsAll Australian states operate under the same Family Law system, ensuring consistency. If necessary, your local court can communicate with the court in the state where the other parent resides to facilitate enforcement or hearings.
Dealing with Cross-Border Complications
While the Family Law system is uniform across Australia, practical challenges may still arise. For instance, enforcing orders across remote locations or when one parent relocates without notice can make compliance difficult.
In these cases, you can request:
Recovery Orders, allowing the police or Australian Federal Police to return a child wrongfully taken across state lines.
Location Orders, to help determine the child’s whereabouts.
Airport Watch List Orders, to prevent a child from being taken overseas without consent.
Family law matters involving interstate enforcement can become complex, especially where there is alleged family violence, relocation without consent, or ongoing parental conflict. Seeking advice from an experienced Family Law solicitor can ensure your rights are protected and the correct procedures are followed.
Our Family Law team can guide you through the process of enforcing parenting orders across state lines, ensuring your child’s welfare remains the top priority.
If you’re facing difficulties enforcing parenting orders across state lines, don’t navigate this process alone. At New South Lawyers, we specialise in Family Law matters, helping parents protect their rights and ensure their children’s safety and stability.
Contact New South Lawyers today for tailored legal advice and strong representation. Your child’s best interests deserve the full protection of the law — let us help you enforce that right.
