Can I change parenting orders in NSW | Sydney Family Lawyer Insights

Are you wondering: is it possible to change a parenting order in Australia? As Sydney family lawyers, we regularly help parents understand their rights when it comes to varying final parenting orders. This article outlines when and how a parenting order can be changed, and what the court looks for.

A parenting order is a legal, formal document made by the court dictating matters dealing with children’s care, including where they live, who they spend time with, and other important matters. Once an order has been made by the court, it is legally binding and enforceable.    However, the question often arises: can a final parenting order can be changed?

The short answer is: yes — but only in certain circumstances.

Understanding when you can very final parenting orders

When can a final parenting order be changed in Australia?

If a final parenting order is in force, the court can only reconsider the parenting order if:

1. The court has considered whether there has been a significant change of circumstances since the original final parenting order was made; and

2. The court is satisfied that, in all the circumstances, it is in the best interests of the child for the final parenting order to be reconsidered.

This means that unless something important has changed for the parents and/or for the child, and it is in the child’s best interests to change the parenting orders, the court may not allow the final parenting orders to be reconsidered.

Some examples of a significant change of circumstances might include:

• A parent relocating or planning to move a long distance from the other parent;

• Changes to a parent’s capacity to care for the child (e.g. due to illness, addiction, or family violence);

• The child’s needs changing significantly as they grow older (e.g. health issues).

How to change parenting orders through the court or by agreement

Generally, there are two ways to change final parenting orders:

1. By Agreement

If both parents agree that the current orders need to change, you can apply to the court for new final parenting orders to be made by consent.

2. Through the Court

If you cannot agree, you may need to apply to the Federal Circuit and Family Court of Australia to vary the parenting orders. Before going to court, you’ll usually need to attempt family dispute resolution (mediation) and get a certificate (called a Section 60I certificate), unless there’s an exemption (for example, in urgent cases or where there is family violence or abuse).

Get help early

Changing final parenting orders can be complex, especially if there’s conflict or communication difficulties between parents. It’s important to get advice before taking any steps, so you understand your rights, your options, and what the court is likely to consider

Need help changing a parenting order in Sydney?

At Moran Family Law, our experienced family lawyers can help you navigate the process of varying final parenting orders - whether by agreement or through the court.

Frequently asked questions

**Q: Can I change parenting orders in NSW?

A: Not always. Final parenting orders can only be changed in certain circumstances, and provided certain conditions are met.

**Q: "What is a significant change in circumstances under family law?"

A: This depends on the circumstances of the individual child or family as a whole. An example might include one parent relocating a significant distance away from the other parent, or the needs of a child changing significantly

**Q: "Do I need to go to court to change parenting orders?"

A: Not necessarily. You might be able to reach agreement without going to court.

Disclaimer: This article is for general information only and does not constitute legal advice. Every family situation is different. If you need advice about your specific circumstances, you should speak to a family lawyer. You can contact Moran Family Law for advice tailored to your situation.