Is changing Family Court orders allowed in Australia? There are several types of Family Court orders in Australia, including:
- Parenting orders,
- Financial orders,
- Recovery orders, and
- Intervention orders.
This article will focus on parenting orders or arrangements in Australia. An existing parenting order in Australia is a formal court order decision made by a federal circuit court about the care and living arrangements of a child. It also outlines clear expectations on parental responsibility over the child or if equal shared parental responsibility is upheld.
Changing Family Court Orders: Parenting Orders
Is changing Family Court orders a possibility under Australia’s family law? Yes, it is. Parties can initiate to change parenting orders if there has been a significant change in circumstances that affects the best interests of the child.
The kind of arrangements you have will determine whether and how you can modify your parenting plans. The first step in changing your parenting arrangements is to:
- Get in touch with the other party or parties involved,
- Discuss the changes you desire, and
- See if they would consent, as long as it is safe to do so and does not violate a family violence order.
Read: Parenting Orders under the Family Law Act
Changing Family Court Orders: So, What’s the Requirement?
In changing Family Court orders such as parenting orders or arrangements, you need to show that there’s a significant change in your circumstances that necessitates the change. In other words, there must be a justification for changing Family Court orders.
If you’ve been contacted about the modification or received an application for one, you should think about whether the suggested change is best for the child (or children). Here’s two things that you must do at this point:
- Although you don’t have to attend court together, you can sign draft consent orders. The court can turn these consent orders into orders.
You can apply for consent orders if you and your partner have come to an agreement over parenting, finances, or property arrangements and you would like the agreement to be formalised and legally binding. However, consent orders may modify or revoke existing family law orders.
In this phase, it is necessary to get legal advice. Before deciding what to do or before filing an application with the courts, you must understand the implications of your decision. Understanding your rights and obligations under the law can be aided by legal counsel. They can also clarify how your case is affected by the law.
- As an alternative, you may make a parenting plan. This a voluntary agreement that outlines:
- Each parent’s daily obligations,
- The practical aspects of raising a child, and
- How they will communicate and collaborate on significant long-term concerns pertaining to their children.
As long as both parents are on board, it can be altered whenever desired. In sum, changing family court orders such as parenting orders is possible as long as there’s a substantial change in your circumstances.
What Are These Significant Changes?
As discussed in the previous section, to change a parenting arrangement or order from a Family Court in Australia, you must show that there are significant changes in your situation. These changes may include the following:
Changes in a Child’s Life
- Age and development. As children mature, their needs and preferences evolve. For example, a teenager might express a strong desire for increased time with one parent due to shared interests or academic support needs.
- Health or disability. A new medical condition or disability could necessitate adjustments to the parenting schedule for specialised care or treatment.
- Emotional well-being. Concerns about a child’s emotional or mental health in one parent’s care could warrant a review, particularly if there’s evidence of neglect or abuse.
- Educational needs. Changing educational opportunities or challenges might require adjustments to facilitate schooling or extracurricular activities.
Changes in the Parents’ Lives
- Relocation. If a parent needs to move for work, family, or other reasons, it may significantly impact the existing arrangement and necessitate adjustments to maintain the child-parent relationship.
- New relationships. Entering a new partnership or having another child could alter the family dynamic and require modifications to the existing parenting plan.
- Changes in financial circumstances. Significant changes in income or financial instability of one parent might affect their ability to fulfill their financial obligations under the current orders, prompting a review.
- Safety or well-being concerns. If there are credible concerns about a child’s safety or well-being in one parent’s care due to factors like domestic violence, substance abuse, or neglect, seeking changes to protect the child is imperative.
Disagreement in Changing Family Court Orders
One important aspect you must also take note of when changing Family Court orders is the agreement between both parties. That’s why family dispute resolution and mediation can be valuable tools in resolving parenting arrangements. A family dispute resolution practitioner can help you in this procedure.
But if this doesn’t work, you’ll have to file an application for a new parenting order. The agreement is a material element in changing Family Court orders. This is because rules require that, in changing Family Court orders such as a parenting order, both parents must agree on the change.
In the event that you disagree and believe that a change is required due to a substantial change in the circumstances, you must proceed through the same procedure as if this were your first time applying with the court.
Before you start your application, here’s a guide to parenting proceedings. You must read this first so that you will know the flow of what’s going to happen. You can always seek the assistance of a legal expert who can explain the procedure to you.
Seeking Legal Advice About Changing Family Court Orders
Have your circumstances changed significantly, impacting your child’s needs or your ability to comply with the order? Our family lawyers at JB Solicitors can provide invaluable support throughout the process.
Speak with a trustworthy family attorney who focuses on parenting plans and child custody. We can help you navigate the legal system and make sure your child’s welfare is given top priority.
Contact us today and seek legal advice on how to vary final parenting orders.