Enforcing Parenting or Property Orders

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Even after final orders are made, sometimes one party doesn’t follow them. It can be frustrating and emotionally draining when parenting or property orders are ignored — especially after the effort it took to reach them.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is a situation many clients face.
“People assume that once they have Court Orders, the hard part is over,” she explains. “But unfortunately, some people still breach those orders — by not facilitating time with the children or refusing to sign documents they were ordered to sign in order to progress a property sale for example.”

Understanding Enforcement

Under the Family Law Act 1975 (Cth), all Court Orders are legally binding. That means each person named in the orders has a legal obligation to comply.

“When an order isn’t followed, the next step is to bring what’s called an Enforcement Application or a Contravention Application,” Melody explains.

“These are formal applications asking the Court to ensure the orders are complied with — and, in some cases, to impose consequences for non-compliance.”

The type of application you file depends on the circumstances. “In a parenting matter, it might be about missed time or communication. In a property matter, it could involve transferring property, selling a home, or dividing superannuation as ordered.”

When to Take Action

Not every breach requires an immediate court application.
“Sometimes, breaches happen because of misunderstanding, genuine confusion, or unforeseen circumstances,” Melody says. “Our first step is always to assess the situation — to see whether a clear, written reminder or lawyer-to-lawyer correspondence can resolve it without escalating conflict.”

Consequences of Non-Compliance

Consequences depend on the severity of the breach and the intent behind it.

For parenting orders, the Court can:

• Vary the existing parenting arrangements

• Order compensatory time with the children

• Order payment of legal costs

• In serious or repeated breaches, impose fines or even order you to a sentence of imprisonment

For property orders, the Court can:

• Enforce transfers or sales directly through a Registrar at the Court

• Order payment of money owed

• Appoint a person to sign documents on behalf of a non-compliant party

• Impose costs or penalties for deliberate obstruction

“The law recognises that court orders must mean something,” Melody explains. “If someone refuses to comply, the Court can and will step in.”

If that doesn’t work, enforcement may be necessary.
“Where there is clear, ongoing non-compliance, the Court has powers to make the other party comply, compensate the affected person, or vary the orders to prevent future breaches.”

Staying Calm and Strategic

Melody emphasises the importance of measured action.
“It’s natural to feel angry or upset when someone doesn’t comply,” she says. “But enforcement applications are most effective when they’re supported by clear evidence and calm, factual presentation — not emotion.”

At Wallen Family Law, her team helps clients gather the right material, including records of missed time, correspondence, or non-performance, so the Court can see the full picture.

Quick Answers

What can I do if my ex isn’t following court orders?
Start by documenting each breach. Then seek advice — a formal letter or mediation may resolve the issue before you need to go back to court.

What if the breach is serious or repeated?
You may need to file an Enforcement or Contravention Application. The Court can impose penalties or change the orders.

Can I withhold the children in response?
No. Breaching orders yourself can damage your position. Always seek legal advice first.

Can the Court force someone to sign property documents?
Yes. The Court can authorise a Registrar to sign on their behalf and even enforce sales or transfers directly.

Will the other person be punished?
The focus is usually on compliance, not punishment — but the Court can issue fines, costs orders or other sanctions if necessary.

From Melody

“Enforcement is about restoring fairness, not creating more conflict. We help our clients respond strategically — calmly, firmly, and with purpose. The law provides clear pathways to ensure orders are respected, and our role is to guide you through those steps with clarity and confidence.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law