May 2024 – Ashley Lovelock
Family Law Amendments Taking Effect on 6 May 2024 in Relation to Parenting Matters
Varying Parenting Orders | Part 3
The Court may only entertain an application to vary final parenting orders in certain circumstances. This currently requires a need to demonstrate that there has been a “significant change in circumstances”.
What is changing?
The new laws specifically provide that the Court may only entertain an application to vary final parenting orders if:
(1) there has been a “significant change in circumstances”; AND
(2) it is in the best interest of the child for the final order to be reconsidered; OR
(3) there is an agreement from all parties to the final order, even if there has not been a significant change of circumstances.
In considering the above, the Court is to consider the following factors:
(1) the reasons for the final order;
(2) whether there is any new material available to the court that was not available when the court made the final order;
(3) the likelihood that if the final order is reconsidered, the Court will make a new parenting order that affects the operation of the final order in a significant way.
(4) any potential benefit or detriment to the child that may result from reconsidering the final order.
The effect of the new section makes the application a “two-limb” test, which is likely to increase the difficulty in changing the Orders, as it is known that continued litigation over children is not in their best interests.
Contact Les Stubbs and Ashley Lovelock in our Family Law team today and let us help you, get the outcome that’s best for you and your children.