Can I change final Parenting Orders?
It is common for parents to seek to vary parenting orders, particularly if a significant period of time has elapsed since they were made. Changing parenting orders is something that the Court does not do lightly. To be successful, applicants need to demonstrate that there has been a ‘significant change in circumstances’ since the making of the orders.
This requirement is what is commonly referred to as the rule in Rice & Asplund (Rice & Asplund (1979) FLC 90-725). This rule is based on the on the premise that children should not be exposed to further litigation proceedings where it can be avoided. However, orders cannot be made in contemplation of all possible future events and circumstances.
Whilst each case is, of course, unique some examples of change of circumstances include:
- A party seeking to relocate;
- The Orders no longer reflecting the care arrangements in place for the child;
- Changes to the child wishes; or
- Changes to the health of a party or child.