Parenting orders can come from a previous hearing in the Federal Circuit Court or through an agreement between the parents, making them legally binding. There are circumstances when the Court will consider changes, often requiring a legal process to ensure the changes are justified. The process typically involves demonstrating a significant factor arising—such as a change in the child’s needs or circumstances—that warrants modifying the existing orders. Here are three reasons to change parenting orders.
Notes
How to change a parenting order
There are two ways to change a parenting order: by consent and by court.
Consent
The easiest way to make changes is by consent. You replace the existing parenting orders with a new consent order, ensuring the changes are formalized within the legal framework. If the parents can’t agree to the changes, family dispute resolution can help you find a solution, especially if a specific issue, such as a mental health issue, needs to be addressed.
Once an agreement is reached, you can create a parenting plan, which can then be used as the basis for a parenting order issued by the family court. This approach simplifies the legal process and avoids the need for expensive court proceedings.
Court
The Family Court doesn’t want parents to keep changing an existing parenting order. They’re called final parenting orders for a reason. To stop this, the Court only grants changes to a parenting order in rare circumstances, and often only when the matter reaches the Full Court for review. Parents seeking modifications must provide evidence of a significant change in circumstances, such as issues related to domestic violence or the safety and welfare of the child.
The Court requires compelling reasons, as it’s not enough for the existing parenting order to be merely inconvenient. Applications for changes should typically be accompanied by proposed consent orders to streamline the process when agreement is possible.
What are the reasons to change parenting orders?
There are many reasons to change parenting orders or parenting arrangement. Often, these changes are driven by the need to align with the child’s best interests, which is the paramount consideration under family law.
By establishing clear guidelines, new parenting orders can address emerging needs, ensure flexibility, and enforce compliance where previous arrangements have failed. Here are three situations where proposed changes to parenting orders can help improve your co-parenting and potentially avoid unnecessary court proceedings.
Seek Legal Advice on Communication Guidelines
Good communication is essential for co-parenting, and parenting orders often include provisions to ensure effective communication with the other parent. These provisions are crucial, as they help prevent misunderstandings and disputes from escalating into ongoing conflict or endless litigation. Adjustments to these orders must always prioritize the child’s best interests, and any proposed changes typically require demonstrating changed circumstances that justify the modification. Effective communication provisions in parenting orders are designed to promote clarity, reduce conflict, and serve the best interests of the child. Communication provisions can look like this:
Methods
Email for formal communication and document sharing.
Phone or text for emergencies.
Phone or video calls between the non-residential parent and child.
Frequency
The agreement may state that the non-residential parent must contact the child twice a week for 30 minutes, ensuring consistent communication. The parents may also agree to provide monthly email updates to inform each other about the child’s progress. However, if there is a significant change in circumstances, these terms may need to be revisited. It’s important to approach such changes carefully to avoid the invite endless litigation.
Changing
One good change here would be to include a parenting app as part of your parenting plan. These apps offer various functions to streamline co-parenting. For example, Our Family Wizard, a court-approved app, can assist with scheduling, communication, and managing expenses. If a significant change in circumstances arises, incorporating a parenting app into your plan can help reduce conflict and improve coordination.
The child’s wishes
When children are very young, it’s inappropriate to consider their wishes under the guidelines of the Family Law Act. However, as they get older, their views can carry more weight, especially when determining what arrangements are in their best interests. While parents can choose to listen to those wishes and adjust arrangements, it’s important to remember that changes to final parenting orders require agreement with the other parent or evidence of significant circumstances justifying the change. A child’s wishes might include various aspects of their living arrangements, schooling, or time spent with each parent.
Extra-curricular activities
A parenting order can cover what extra-curricular activities a child is allowed to participate in. For example, one parent may not want the child to engage in contact sports, and the co-parents may include a clause in the final parenting orders prohibiting such activities. However, if changed circumstances arise—such as the child expressing a strong desire to participate in a contact sport or a change in the child’s health or interests—the parents may need to attend mediation to discuss revising the order before taking further steps. Mediation can help resolve disputes and avoid unnecessary court proceedings.
However, the child may develop an interest in contact sports. Considering the child’s age and maturity, the parents may agree to allow the child to pursue a sport of their choice. If there is a change in circumstances that warrants revisiting the existing arrangement, the parents can seek to modify the court order through mutual agreement or mediation to reflect the child’s evolving interests and needs.
Travel
Parents can have strict rules about where a child is allowed to travel. However, as the child grows older, circumstances may change, such as the child expressing a strong desire to travel interstate or overseas. If parents agree that this is appropriate and safe, new orders can be created to permit travel to places that were previously restricted. However, such a serious step should also consider any potential safety concerns associated with the travel. If there is disagreement, mediation or court intervention may be necessary to address these issues while prioritizing the child’s well-being.
Health issues
A child may develop health problems that require a change to the order. Some changes you may need to consider:
Increase the number of people with access to the emergency contact information.
Put in place arrangements for immediate medical emergencies.
Update communication to include more frequent updates about the child’s wellbeing.
Conclusion
Parenting orders are part of family law. Sometimes a change to an earlier parenting order or a modification of a final parenting order is necessary to support effective co-parenting and ensure the child’s best interests are met. These three reasons highlight common changes parents may request. However, making such adjustments can be complex, and it’s essential to consult with an experienced family lawyer before making any major decisions to understand your rights and obligations under the law.
Thorough on detail and always out to achieve the best outcome for both parties. A good reliable advocate to have behind you. Highly recommended.
- Ben Tandy
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