Dear Katrina,
Is it possible to change parenting orders?
The Court will not agree to changing an existing parenting order unless it is satisfied that there has been a significant change in circumstances which makes the change necessary.
We have an existing parenting order:
If the changes are agreed, then the parents can sign draft Consent Orders which the Court can then make into orders. This is a relatively time saving and cost effective way of changing the order. Neither parent needs to appear in Court.
Alternatively, the parents can enter into a parenting plan to agree to change the arrangements by a parenting plan (unless the court order says otherwise). This makes it easier for parents to agree on changes without going back to court.
Note however, that a parenting plan is not legally binding. If the parenting plan does change an existing parenting order, you may not be able to enforce those parts of your old parenting order that are inconsistent with the terms of your new parenting plan.
If the changes are not agreed but you think that there has been a significant change in circumstances which makes a change necessary, then you need to make an application to the Court. Note however that there are certain pre-action procedures in parenting cases which must be done first.
We do not have an existing order:
If there is no current existing order, then the parents may wish to sign draft Consent Orders setting out the parenting arrangements they wish the Court to make on a final basis. This process is similar to the process referred to above.
If there is no agreement, then the same process applies as if there was no agreement to change the existing order.
If you would like to know more – contact us today.
