Changing Parenting Agreements in Australia

 Whether you change parenting agreements depends on the type of arrangement you have made with your ex-partner, along with the help of divorce lawyers Perth. You need to know whether you have a parenting order in place, an informal arrangement or a parenting plan. The first thing you need to do is to contact the other party involved, inform them that you want to change the arrangement, and see if they agree. You can communicate through your lawyers, if you prefer to do so. If you require assistance to come to a new arrangement, you can ask for FDR resolution counselling.

Is it possible to change a parenting order already in place?

In order to change a parenting order that was made by the Court, you need to go back to Court and with your family counselling perth, show there has been a significant change in your circumstances, and that make such a change needed. If you are not the parent asking for the change, and the other party is, or you are served with an application for change, then you need to think about whether the changes are in the best interests of the children involved. Should you be amiable to making the changes, you can;

  • Sign the new draft consent orders, which, when sent to Court, can be made into a new agreement, without you having to go to Court yourself, and without the person proposing the change having to go to Court either
  • Or instead, you could enter a parenting plan rather than a parenting order. This is an arrangement between consenting parties – you can head in this direction without going to Court

If you are not amiable to the change being proposed by the other parent, then the matter will go to Court. When there are circumstances that make a change necessary, you’ll go through the same process you followed when applying for the first parenting order.

If you have no parenting order in place

If your current arrangement is a parenting plan, or a more informal arrangement, and you want to make a change, as well as make a parenting order, then you need to talk to your divorce lawyers Perth and go through the parenting process.

What are practice directions?

In certain cases, there may be practice directions handed out by the Court. These are guidelines on procedures to follow that go alongside the regulations, legislation and rules that are already in place. They can help your family divorce lawyer or even an ICL with specific directions. These come from the Chief Justice. As stated, they are not overruling or ignoring legislative provisions, and are in place to complement them. Practice directions exist for certain situations; lawyers and all parties involved will receive notification when directions need to be adhered to.

 

 

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