QUESTION: How Can I be well Advised on Court Orders?
21 Feb 2012
Lisa O’Neill - special counsel at Murdoch Lawyers answers:
This week we consider the issues involved in seeking a change to court-ordered parenting
arrangements.
The overarching consideration for all parenting orders is what is in the best interests
of the child.
It is a better outcome for separated parents to reach agreement between themselves
about parenting arrangements as opposed to going to court. This saves everyone the
stress and high costs of a court hearing, and the children see their parents working
co-operatively.
Can court orders be varied by agreement? If both parents agree to change parenting
arrangements, they can apply to the Court by consent to vary earlier orders.
Not all parents can reach agreement, and in some cases the issues are complicated
and require the assistance of a Court to decide what is best for the child.
What if the other parent doesn’t agree to a change in the court orders? There are
circumstances where a parent may need to ask the Family Law Courts for assistance
if there has been a “significant change in circumstances” that would justify the
Court altering an earlier court order. Court orders (made with the consent of the
parties or by the Court after a contested hearing) are intended to remain in place
without alteration. This is to provide stability for the children and parents involved.
The Courts have stated that “stability in the lives of children and also in the
lives of adults is an essential prerequisite to their well being” (Freeman (1987)
FLC 910857).
If you believe your changed circumstances necessitate an alteration of existing
orders, speak to a family lawyer. There are also a number of local agencies and
family dispute resolution practitioners who are available to help separated parents
resolve issues without going to court.
When applying for a change to existing orders, you must show there has been a significant
change to the circumstances that existed when those original orders were made and
that change is warranted. Seeking a change to orders is not something a Court will
entertain lightly. A child’s wish to change time arrangements is not always enough
to persuade a Court to reopen a matter. In one case, a Federal Magistrate said the
wishes of 13 and 15 year old siblings for changed arrangements were not enough saying
“parenting orders should not be varied or discharged according to the wishes of
a child.
Do I need legal advice? Seek legal advice so that you are informed of the available
options.
lisa@murdochs.com.au
telephone 4616 9898