A person does not need to be named in parenting orders to face consequences. If they knowingly encourage, assist or participate in a breach, the Court may find they have contravened the orders and impose penalties, including costs, fines, community service or, in serious cases, imprisonment.
Can a grandparent or other third party be penalised for helping a parent breach parenting orders?
Our Family Team discuss this important topic.
Understanding Parenting Orders: What Are They and Why Do They Matter?
The Family Court has power to make parenting orders establishing the arrangements for the care and welfare children following family breakdowns. These orders can determine where the children live, the time they spend with each parent, where they attend school, how they may travel overseas, and who is responsible for making significant and long-term decisions about their health. The enforcement of parenting orders is essential to ensuring that the arrangements made by the Family Court are upheld and continue to promote the best interests of the children. Even individuals who are not parties to proceedings can face legal consequences if they are considered to have incited, encouraged or assisted a breach of parenting orders.
Third Party Liability: Are Grandparents at Risk?
Grandparents can fall into this category. In the recent case of Paige & Bellanger [2026] FedfamC1A 59, the Full Court found a grandmother, who was not a party to the parenting orders, had “aided and abetted” in the abduction of the children subject to those Orders and was therefore in “complicit contravention” of the Orders.
Consequences of Non-Compliance: What happens When Orders Are Breached?
The consequences of contravening parenting orders can vary based on the nature and severity of the breach. If the Family Court determines that the contravention has occurred without reasonable excuse and demonstrates a serious disregard for the parenting orders, it can impose significant penalties. This can include imposing fines, orders to pay costs, needing to undergo community service, or in severe cases such as in Paige and Bellanger , a term of imprisonment.
A reasonable excuse may include a genuine misunderstanding of the meaning or effect of the parenting order, a lack of awareness of the order, or acting to protect the children. However, the existence of a reasonable excuse is determined on the facts of each case and is not guaranteed. The general principle that ignorance of the law is not a defence continues to apply.
The implications of Paige & Bellanger: What Can We Learn?
The ruling in Paige & Bellanger serves as a critical reminder that parenting orders designed to safeguard the care and welfare of children must be respected by all parties involved in the children’s lives, not just by those explicitly bound.
Upholding Parenting Orders: Why Collective Responsibility Matters
It is essential for parties to be aware of the legal ramifications of their actions concerning parenting orders, particularly where they play an important role in children’s lives.
The integrity of the family law system depends on compliance with parenting orders and the willingness of all those involved in a child’s life to respect and uphold them. Ensuring that these orders are followed helps promote stability, certainty, and, most importantly, the best interests of the child.
Can I be liable if I am not a party to the family law proceedings?
Yes. A person can face consequences for contravening parenting orders even if they were not a party to the proceedings or specifically named in the orders. This can arise where they knowingly assist, encourage or participate in another person’s breach.
What actions could amount to helping someone breach parenting orders?
This will depend on the circumstances. It may include helping to remove or hide a child, arranging travel contrary to an order, providing practical assistance to prevent time with a parent, or encouraging a parent not to comply. The Court will consider what the person knew and the role they played.
Can grandparents be penalised for assisting a parent to keep children from the other parent?
Potentially, yes. In serious circumstances, grandparents and other relatives may be found to have participated in a contravention if they help a parent act against parenting orders. The possible consequences depend on the conduct and its impact on the children and the other parent.
Is not knowing the exact terms of the parenting orders a reasonable excuse?
Not necessarily. Whether there is a reasonable excuse is determined on the particular facts. A genuine misunderstanding or lack of awareness may be relevant, but it will not automatically excuse conduct that breaches an order. Obtaining advice before taking action is sensible where there is any uncertainty.
What should I do if a family member asks me to help them act contrary to parenting orders?
Do not take steps that may prevent compliance with the orders. Encourage them to obtain family law advice promptly. If there is a genuine concern for a child’s immediate safety, seek urgent legal advice and contact the appropriate authorities where necessary.