Saturday, October 25, 2014

Family Law - Applying to change an existing order

If you wish to change existing court order, you will need to show that there has been a significant change of circumstances that makes a change necessary.
Please note that a change to the Family Law Act is not a significant change in circumstance in itself.  See the Family Law Amendment (Shared Parental Responsibility) Act 2006, Schedule 1, Item 44.

You can apply to a court to change an existing order by following the same process as if you were applying for the first time. For more information follow the above left link at 'In this section' to the page titled 'Complying with orders'.

You will need to include a copy of the existing order if you are applying to a different registry (office) of the Family Law Courts or another court (for example, where you are making an application in the Family Court or Federal Circuit Court to vary orders made in a Local or Magistrates Court). If you have been to a family dispute resolution service within the previous 12 months, you need not do so again unless you feel it may assist you to resolve the matter.

If you have been approached about the change or are served with an application for the change, you should consider if the change proposed is in the best interests of the child. That consideration comes before any impact on either parent. If you agree, let the other side know.

You can sign draft consent orders, which the Family Court can make into orders, without the need for you both to appear in court. For more information, follow the above left link at 'In this section' to the page titled 'If you agree on arrangements'.

Alternatively you may enter into a parenting plan. For more information, follow the above left link at 'In this section' to the page titled 'If you agree on arrangements'.  You should obtain legal advice about the effect of a parenting plan in these circumstances.

Family Law Courts

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