It may come as a relief to some that Parenting Orders made by
the court are not always set in stone. If your circumstances
change, so too can the orders.
And there are a number of reasons why you might wish to change
Parenting Orders after they have been made by the Court.
What we know:
On many occasions, Orders are made when the children are very
young. But as they get older, circumstances change and the
children, and you, would benefit from different Orders. This is
just one reason why current Court Orders may not be
The best way to change a Parenting Order is to seek the consent of
the other parent.
Then it becomes a simple matter of drafting new Orders and
seeking that the Court make them by consent. If you cannot get the
consent of the other parent then you must become more proactive.
You have to approach the Court to seek to discharge the current
Orders and have new Orders replace them.
Prior to attending Court to change Parenting Orders it is worth
considering another approach, which is for both you and the other
parent to attend a Family Consultant to do all possible to agree to
a different arrangement for your children. If you cannot agree then
you will be provided with a Section 60I Certificate which will
allow you to file a court application with respect to your
It is important to note, that the Court will only consider an
application for a change to Parenting Orders where there has been a
significant change in circumstances. An old case of Rice and
Asplund provides the threshold test if an application is made
to change Children's Orders. This test has been interpreted in
many different ways by the Court.
What we can do:
We at Swaab Attorneys are here to help. If you are in a position
where you would like to change current Children's Orders and
need assistance or the other parent wishes to change parenting
orders but you do not, then you should attend on a solicitor to
guide you through this process.
Sect.117 can deal with false statements and knowingly making false allegations of violence could justify a costs order.
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