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Family Law calendar    Aug 23, 2017

Family Law: Changing a Parenting Order

Once a formal parenting order has been made, it can only be varied by a Court upon making a formal application, or by entering into a parenting plan.

Once a formal parenting order has been made, it can only be varied by a Court upon making a formal application, or by entering into a parenting plan.

Sometimes people talk to each other about changing arrangements set out in a parenting order, however these talks do not actually change the order. Even if the needs or circumstances of you, the child or the other party change, the court order applies until it is formally changed by a court or a formal parenting plan.

Parenting plans signed and agreed to by the parties will change the previous arrangement but are only enforceable once they are written up into consent orders and filed and sealed by the Court.

To decide what the best option for you is, your first port of call will always be the existing parenting orders. The existing parenting orders may require you to follow certain steps before applying to a court to change an order, or it can state the process for resolving disputes that arise from the order.

If you and the other parent cannot agree on changes, you may have to go through the family dispute resolution process and proceed to Court to formalise a new parenting arrangement.

To proceed to Court you will need to show that there has been a significant change of circumstances that makes a change in parenting arrangements necessary.

And a final note – the Court will always consider whether the new arrangement is in the best interests of the child or children, not whether it is in the best interests or most convenient for the parents.

 

Contact The Family Law Team For A  Free First Conference

If you have a family law matter, would like to change a current parenting order, or formalise an agreement that you and the other parent have come to, or have other questions about parenting orders in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

This article is provided to the reader for general information. It is not legal advice. It was written by Karla Elias and edited by Andrea Spencer.

More from the blog:

Enforcing Parenting Orders

About the Best Interests of the Child

family law, family law and parenting, parenting order, legal obligations, contravention, family law in NSW, court orders, enforcement, legal jargon, understanding family law

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