Family Lawyer on northern beaches assists parents with parenting orders

STEPS TO TAKE IF PARENTING ORDERS ARE NOT WORKING

 When orders may not be working

It is common knowledge that a child’s needs change over both a short time and a long time.

A parenting order made when a child was 5 years old may not be appropriate when the child is 10.

A parent may be concerned about the child living with the other parent who may have re-partnered since the orders were made. The parent may have safety concerns for the child in relation to the new partner.

The orders may provide for spend time and communication that are no longer in the best interests of the child.

Orders may not be feasible or practical.

A parent who is of the view that the existing parenting orders are not in the best interests of the child should consider taking a step or steps to vary the parenting orders.

Steps to take

The first step is to negotiate with the other parent for a variation of the Orders.

If negotiation fails, the second step is to attempt mediation.

If mediation fails, the last step and last resort would be applying to the Court for a variation of the Orders.

The judge hearing the application applies a rule or principle known, in shorthand, as the rule in Rice and Asplund.

As there is limited capacity for the Courts to rehear matters and it is not generally in the best interests of a child for the child’s parents to have repeated applications concerning the child before the courts, there are 2 types of cases where a Court will re-examine parenting orders.

The 2 types of cases are: (1) where there is a change in the circumstances where some new factor has arisen which would justify the serious step of a further hearing; or (2) where there is some factor which was not disclosed at a previous hearing that would have been material.

If you have parenting orders that you now consider are not in the best interests of your child, speak to Kathy Chase of Pittwater Family Lawyers. Contact Kathy at: info@pittwaterfamilylawyers.com.au or pittwaterfamilylawyers@gmail.comOr telephone her on (02) 9918 6565 or 0418 285 307.

http://www.pittwaterfamilylawyers.com.au