PARENTING ARRANGEMENTS – CAN I MAKE CHANGES TO AN EXISTING ORDER?
A court-ordered parenting arrangement is intended to be legally binding and stay in place until your child turns 18 years old. However, life is unpredictable and changes to your life circumstances may substantially impact your ability to follow the approved parenting arrangements. Depending on the types of changes and whether the parties are in agreement, there are a couple options available to vary your parenting arrangements.
Parenting Plans
The best option for both parties and the child is the creation of a parenting plan through amicable decision-making. If both parties agree on making changes to the parenting order, parents can vary the arrangement without returning to court through a parenting plan.
A parenting plan is a voluntary written agreement that can alter the arrangements for the care of the child. Under the Family Law Act 1975, the plan must be created, signed, and dated by both parents. Although a parenting plan is not legally enforceable, it will be considered in court if you later decide to apply to vary the existing parenting orders.
Mediation
The mediation process is a timely and cost-effective option for parties who wish to freely discuss changes to parenting orders and arrive at an early resolution with the guidance of an independent third party. Usually an experienced family law solicitor or barrister, the Mediator facilitates discussions and assists parties with resolving conflict through open communication and negotiation.
Discussions are confidential and unlike a Judge, the Mediator does not impose a decision on the parties. The Mediator’s role is simply to help the parties reach an agreement that is mutually acceptable.
At the Norton Law Group, we offer expert family law mediation services across Sydney, helping you find amicable resolutions during challenging times.
Consent Orders
If both parties agree to parenting changes and wish to make them legally binding, they can apply for Consent Orders to formalise variations to the existing family law orders. The overarching consideration of the Court will be whether the changes to the orders seek to support the best interest of the child.
Following legal assistance to prepare the orders, the parties must sign draft Consent Orders that will be lodged electronically with the Federal Circuit and Family Court of Australia. Parties will not need to appear in court and if the Court approves of the application, they will provide sealed orders via the Commonwealth Courts Portal.
Where there is no agreement: Reopening a Family Matter
In the case that parties cannot agree on changes, the Court will not re-open a parenting matter unless there has been a significant change in circumstance. This leading rule was determined in Rice v Asplund (1979), wherein the Court held that an application to reverse an earlier custody order required “some changed circumstance which would justify such a serious step, some new factor arising or, at any rate, some factor which was not disclosed at the previous hearing which would have been material”.
To protect children from being exposed to ongoing litigation, the Court will only review and change existing Final Orders if there have been significant changes in circumstances, which may include:
- A party is seeking to relocate with the child;
- One or more of the parties has re-partnered or remarried;
- There has been risk of abuse or abuse of the child; or
- A party or the child is experiencing a serious illness.
If you’re seeking expert legal advice on a parenting matter and need help understanding your legal rights and responsibilities, reach out to our specialist team of Sydney family lawyers today. Our experienced team work across North Sydney, Sydney CBD and Leichhardt, and can provide personalised support to identify and address all your parenting needs.
