Parenting Orders not working

Parenting orders made 2 years ago now not working

Q.   Parenting orders were made between myself and my ex-wife 2 years ago for our children, aged 7 and 9. We agreed to the orders by consent. There was no Court hearing. The Orders are not working. My ex-wife refuses to change the Orders. Can I apply to the Family Court for a change of the Orders?

A.   Although there are cases when an application to change parenting orders are successful, the Court will consider any case by applying the following principles:

1. There must be a material and substantial change of circumstances sufficient to justify re-litigating.
2. The “interests of the child in not being the subject of further litigation is more powerfully in the child’s welfare than to allow the application to continue.”
3. The child’s best interests are paramount.
4. To enable some assessment of whether significant changes have occurred, the Court needs to look at “the past circumstances, including the reasons for the decision and the evidence upon which it was based.”

There are many avenues for negotiations to try to reach an agreement to vary the existing parenting orders. Kathy Chase can assist you in exploring the avenues and providing advice on seeking a variation of the Orders with the Court. You can contact Kathy on: (02) 9918 6565 or 0418 285 307 or via email at: pittwaterfamilylawyers@gmail.com

Kathy also has a service that offers support and strategies for parents who do not want legal advice. The details of this service are at: www.assistingseparatedparents.com.au