Have you already obtained a Parenting Order but want to make amendments to the orders? Perhaps you’re planning to move overseas or have some substantial change in your circumstances?
The family courts will not necessarily make any changes to a Parenting Order. That is to say, it is not a right to obtain a variation. However, a variation may be obtained in the right circumstances. Read on to find out if you may be able to obtain a variation of parenting orders for your children.
A Case Study | Family Lawyers Brisbane
In the recent Australian case, Searson & Searson [2017], a mother was successful in varying her existing Parenting Order. When she obtained a final Parenting Order in 2015, she was living in Melbourne. However, she now wished to relocate to Queensland. The existing Parenting Orders were for a co-parenting agreement between the mother and father and did not provide any provisions for what would happen in the event a parent relocated.
Initially, when the mother sought to have the Parenting Orders changed, she was unsuccessful. However, upon appeal, the court found that this change in circumstances was significant enough to warrant a new Parenting Order.
What factors will the court consider in determining if I can amend my existing Parenting Orders? | Family Lawyers Brisbane
So, what circumstances will warrant a change to Parenting Orders? There is an important rule which the courts will apply when determining if your circumstances are sufficient to justify a change to your Parenting Orders. This rule is found in the case of Rice & Asplund.
This case established that there must be a significant change in circumstances since the Parenting Order was first made. As the case of Searson & Season demonstrated, this may be a relocation of a parent that would substantially affect the existing Parenting Orders.
It is important that the change is significant and cannot be something that should have been raised or foreseen when the orders were first made.
I think I might have a case for my Parenting Orders to be varied, what now? | Brisbane Family Lawyers
If you think you might have a case for your Parenting Orders to be varied or you want tailored information in relation to your circumstances, then you should get in touch with LGM Family Law. Our team of Brisbane family lawyers offer experience and dedication. We will work with you to achieve the best possible outcome available in your circumstances.
Contact our Brisbane Family Lawyers a call today on 3506 3651 to receive a complimentary 15-minute consultation. You can also book in a fixed-fee initial consultation with us to begin your journey forward.
Get in Touch
We prefer to meet you in person but are happy to have a telephone consultation if this suits you. At an initial consultation, we will take some particulars from you so that we can provide you with advice about the likely outcome at family law for your particular circumstances and estimated costs if you wish to proceed further.
Free Phone Consultation: (07) 3506 3651
