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More and more parents are revising family court orders because of changes in their children’s or their circumstances.
However, it’s essential to understand that court orders can’t be changed simply because one parent is dissatisfied or “feels like it.”
If you want to modify a family court order without going to court, the first step is to talk to the other parent to see if you can reach an agreement or compromise.
If that’s not possible, attending mediation is the next step to try to resolve the matter before involving lawyers and going to court.
You can mediate with the other side and come to an informal arrangement.
This typically means entering into a parenting plan where you both agree to the new conditions for the children.
You should consider getting legal advice before changing a parenting order by a parenting plan because parenting plans are not enforceable.
This means if one parent doesn’t follow the parenting plan the Court can’t do anything about it.
If mediation fails, seeking legal advice and potentially going to court might be necessary. To change a parenting order in court, you need to demonstrate that there’s a significant change in circumstances warranting the modification.
If you are considering changing family court orders, it means that you need to show that there has been a significant change in circumstances that makes a change necessary.
This is to avoid parents continuously going to court to obtain the orders that they want.
However, the Court understands that circumstances in children’s lives will change over time.
A formal application to change the orders must be made in court.
In Rice v Asplund decided over 30 years ago, the Family Court said that before it reviewed a Parenting Order, it would need to be satisfied that:
Here is a list of things that a court may consider when deciding whether or not changing Family Court orders is in the best interests of the child:
Changing family court orders through a court should be something a parent considers as a last resort. The Court has been careful to point out that change is an ever-present factor in life and needs to be serious to justify a review of Final Orders.
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No, in New South Wales (NSW) you cannot formally change a court order without going to court.
Court orders, once issued, are legally binding and enforceable. However, there are some scenarios and mechanisms through which a court order can be modified or varied:
Even if you agree on changes, some paperwork might still be involved and a small fee to file the consent orders.
Under the Family Law Act, a “significant change in circumstances” is a key factor when considering changes to existing parenting orders. Here’s a breakdown:
Changing parenting orders in family law is a significant action that typically requires showing that there has been a substantial and material change in circumstances since the last order was made. The primary consideration in modifying these orders is always the best interests of the child. Here are some common reasons that might justify a change in parenting orders:
One parent may have moved to a different location, which could significantly impact the logistics of the current custody arrangement or the child’s schooling and social life.
Changes in a parent’s work schedule, such as shifts that now conflict with the times they are supposed to have the child, could necessitate a reevaluation of the parenting order.
If a parent or the child experiences significant health issues that affect their ability to adhere to the current order, this might require adjustments to the custody or care arrangements.
If there are new concerns about the child’s safety or welfare under the current arrangement, such as evidence of abuse, neglect, or exposure to domestic violence, this could necessitate immediate changes to the order.
Significant changes in the child’s behavior or needs might require adjustments in the parenting plan to better support the child’s development and well-being.
If one parent consistently fails to comply with the terms of the order, such as not adhering to the agreed times for custody or not consulting the other parent on important issues as required, this might lead to a modification of the order.
Sometimes, changes in the relationship between the parents, such as improved communication and cooperation, might allow for a more flexible or shared arrangement than was previously feasible.
Depending on the child’s age and maturity, their preferences might be considered, especially if they express a strong desire to alter the current living arrangements.
Significant changes in the financial circumstances of a parent that affect their ability to provide for the child might also necessitate changes to support obligations or other aspects of the parenting order.
When seeking to change parenting orders, it is crucial to document the reasons for the change thoroughly and provide evidence to support the claim that these changes are in the best interests of the child.