Changing A Child Custody Agreement

I’m unhappy with my agreement. What can I do?

Where one parent is unhappy with a particular aspect of their child custody arrangement they should firstly seeking legal advice.

You need to be careful that your claim isn’t dismissed immediately because the general rule is, once a decision has been made in the courts, it will not be changed. The Court will need to be satisfied that there has been a material or significant change of circumstances for it to be re-heard in court. This is quite commonly referred to as the rule in Rice & Asplund.

The court doesn’t want to continue listening to the same issues about the same children time and time again. However, the Court understands that circumstances in children’s lives will change over time.

We always recommend our clients to attend mediation when trying to resolve a dispute. This can be difficult if there is resentment or if one party is not cooperating, which may leave you with no option but to make an application to change an existing parenting order.