When Parenting Orders Can Be Changed?

Parenting orders are legally binding decisions made by a court that outline the care, living arrangements, and responsibilities for children after their parents separate. While these orders are designed to provide stability and structure for the child, there are situations where they may need to be changed due to evolving circumstances. However, changing parenting orders can be complex, and the court requires specific conditions to be met before modifying them.

When Can Parenting Orders Be Changed?

1. Significant Change in Circumstances: The primary basis for altering parenting orders is when there has been a significant change in circumstances since the original orders were made. Examples include:
   • Relocation: One parent may need to move to another city or country, affecting the child’s living arrangements or ability to spend time with the other parent.
   • Changes in the Child’s Needs: As children grow, their needs may change, requiring adjustments to the orders. This could include changes related to their education, health, or personal development.
   • Parental Circumstances: A significant change in the circumstances of one parent, such as illness, new employment, or a new partner, may affect their ability to comply with the original orders.
   • Safety Concerns: If concerns arise about the child’s safety or well-being in their current environment, such as family violence, substance abuse, or neglect, the court may reconsider the orders to protect the child.
2. Consent of Both Parents: Parenting orders can be changed if both parents agree to the variation. If you and the other parent are able to reach an agreement on new arrangements, you can apply to the court to have the new agreement formalised into Consent Orders. This is a straightforward process and avoids the need for a contested hearing.
3. Best Interests of the Child: Even if there has been a significant change in circumstances, the court will only change parenting orders if it is in the best interests of the child. The court prioritizes the child’s welfare and will assess factors such as:
   • The benefit of the child having a meaningful relationship with both parents.
   • The need to protect the child from harm, including family violence or neglect.
   • The child’s wishes, depending on their age and maturity.
   • The stability and continuity of the child’s current living arrangements.

How to Apply for a Change to Parenting Orders:

1. Negotiation or Mediation: If circumstances have changed and you wish to alter the parenting orders, the first step is to try and negotiate with the other parent. If you are unable to reach an agreement directly, you can attend family dispute resolution (mediation) to try to resolve the matter amicably.
2. Court Application: If you cannot reach an agreement, you may need to apply to the court to have the parenting orders changed. To do this:
   • You will need to file an Application to Vary Parenting Orders with the court, detailing the changes in circumstances and explaining why a modification is in the best interests of the child.
   • You must provide evidence supporting your claim, such as documentation showing the significant change (e.g., a job offer requiring relocation, reports from child psychologists, or evidence of safety concerns).
3. Court Consideration: The court will then assess whether there has been a material change in circumstances and if altering the orders is in the best interests of the child. In some cases, the court may appoint an Independent Children’s Lawyer to represent the child’s interests in the proceedings.
4. Interim Orders: If urgent changes are required to protect the child’s well-being or to address immediate concerns (e.g., risk of harm), you may also apply for interim orders. These are temporary orders put in place until the court makes a final decision on the variation.

Situations Where Changes to Parenting Orders May Be Necessary:

• Parental Relocation: One parent wishes to move to a different city or country, affecting the current parenting arrangements.
• Child’s Wishes: As children grow older, their preferences and needs may change. In some cases, they may express a desire to live with a different parent or adjust the amount of time spent with each parent.
• Safety Concerns: New issues arise that pose a risk to the child’s safety or welfare, such as domestic violence, drug use, or mental health concerns.
• Changes in Work or Financial Circumstances: A parent’s work schedule or financial situation may change, affecting their ability to comply with the existing orders.
• Health Issues: If the child or a parent experiences a serious health issue, the existing parenting arrangements may no longer be practical.

Key Considerations:

• Finality of Orders: The court views parenting orders as final and will not change them unless there are compelling reasons. It is not enough to argue that the orders are inconvenient or that one parent disagrees with them.
• Best Interests of the Child: The child’s well-being is always the primary consideration. The court will not change orders solely to accommodate a parent’s preferences or lifestyle changes unless it benefits the child.
• Costs and Complexity: Changing parenting orders through the court can be a lengthy and costly process, especially if it involves a contested hearing. It’s important to consider whether the potential benefits justify the legal costs and emotional stress.

Alternatives to Changing Orders:

In some cases, rather than seeking to change parenting orders through the court, you may be able to make informal adjustments by agreement with the other parent. This could include:

• Trial Changes: You could agree to trial new arrangements for a temporary period to see if they work for the child before applying to change the orders formally.
• Parenting Plan: You can also enter into a Parenting Plan, which is a written agreement outlining any changes to the parenting arrangements. While this is not legally binding like a court order, it can be used to manage changes without court involvement.

Conclusion:

Changing parenting orders is possible in cases where there has been a significant change in circumstances that affects the best interests of the child. However, the court requires strong reasons and evidence to alter the existing orders. If you believe your parenting orders need to be changed, it is important to seek legal advice on the best approach, whether through negotiation, mediation, or court proceedings.

Book in for a free initial consultation with one of our lawyers if you would like assistance with varying your parenting orders.