Family court orders are legal decisions made by a judge or registrar that are enforceable under law. These orders outline how people who were once in a relationship or marriage will divide property, assets, and care for their children. However, situations can change after an order is made, and families may need to alter the terms of the order. In this article, we will explore whether family court orders can be changed and what factors affect the decision-making process.
Outline:
1. Introduction
2. What are Family Court Orders?
3. Reasons for Changing Family Court Orders
– Changes in Circumstances
– Change in Children’s Needs
– Non-Compliance with Orders
4. The Process of Changing Family Court Orders
– Mediation
– Applying to the Court
– The Court’s Decision
5. Factors the Court Considers When Changing Orders
– Best Interests of the Child
– Primary Considerations
– Additional Considerations
6. When Can’t Family Court Orders be Changed?
7. Conclusion
8. FAQs
Introduction
Family court orders are legal decisions that outline how couples will divide their property, assets, and care for their children. The process of making these orders can be long, stressful, and emotionally draining for everyone involved. However, situations can change, and families may need to alter the terms of the order. In Australia, family court orders can be changed, but there are specific rules and procedures that must be followed.
What are Family Court Orders?
Family court orders are legally binding agreements that outline how couples will divide their property, assets, and care for their children after separation or divorce. The orders can cover a range of issues, including child custody, child support, property division, and spousal maintenance. Family court orders can be made by a judge or registrar, and once they are made, they become enforceable under Australian law.
Reasons for Changing Family Court Orders
There are several reasons why a family may need to change their court order. These reasons may include changes in circumstances, changes in children’s needs, or non-compliance with the orders.
Changes in Circumstances
One of the most common reasons for changing a family court order is a significant change in circumstances. This can include a change in income, job loss, illness, or disability. If a significant change occurs, it may affect the ability of a parent to comply with the existing order, or it may affect the best interests of the child.
The Rule in Rice v Asplund, a 30 year old decision, is that upon reviewing a parenting order the Court would need to be satisfied that:
1. A substantial change in circumstanced had occurred; or
2. Important information was not disclosed when the Current Orders were made.
Change in Children’s Needs
Another reason for changing a family court order is a change in the children’s needs. Children’s needs can change as they grow older, and what was once suitable for them may no longer be appropriate. For example, a child may require more care, or their educational or medical needs may change.
Non-Compliance with Orders
If one party is not complying with the existing court order, the other party may seek to change the order to enforce compliance. Non-compliance with court orders can have serious consequences, including fines, imprisonment, or a change in custody arrangements.
The Process of Changing Family Court Orders
The process of changing a family court order can be complex and stressful. It is important to seek legal advice before starting the process to ensure you understand your legal rights and obligations. There are a number of steps that can occur before changing a family court order: mediation, applying to the court, and the court’s decision.
Mediation
Before making an application to the court to change a family court order, the parties can either mutually agree or attend mediation in an attempt to resolve the issue. Mediation is a confidential and voluntary process that involves a trained mediator who assists the parties reach an agreement. If an agreement is reached, the parties can make a new parenting plan or apply to the court for a consent order. If an agreement is not reached, the parties can proceed to the next step.
Applying to the Court
To apply to the court to change a family court order, the party seeking the change must file an application with the court. The application must set out the changes sought and the reasons for the changes. The court will, at some stage, set a date for a hearing.
The Court’s Decision
At the hearing, the court will consider the evidence presented by both parties and make a decision. The court will consider a range of factors, including the best interests of the child, the primary considerations, and any additional considerations.
Factors the Court Considers When Changing Orders
When making a decision about changing a family court order, the court will consider several factors. These factors will vary depending on the circumstances of each case. However, the court will always prioritize the best interests of the child.
Best Interests of the Child
The best interests of the child are the most important consideration when changing a parenting family court order. The court will consider the child’s physical, emotional, and psychological needs, and any potential harm that may come to the child. The court will also consider the child’s views, depending on their age and maturity.
Primary Considerations
The court will also consider the primary considerations when making a decision about changing a family court order. These primary considerations include:
– The benefit of the child having a meaningful relationship with both parents; and
– The need to protect the child from physical or psychological harm.
Additional Considerations
The court may also consider additional factors when making a decision about changing a family court order. These factors may include:
– The child’s cultural background and religious beliefs
– The child’s relationship with their extended family
– Any domestic family violence or abuse
– Any drug or alcohol abuse
When Can’t Family Court Orders be Changed?
There are some situations where family court orders cannot be changed. For example, if there is a time limit on the order, the parties may not be able to apply to change it. If the changes sought are minor or insignificant, the court may not consider them significant enough to warrant a change. It is important to seek legal advice to determine whether a family court order can be changed in your particular situation.
Conclusion
In conclusion, family court orders can be changed if there are significant changes in circumstances, changes in children’s needs, or non-compliance with the orders. The process of changing a family court order can be complex and stressful, but seeking legal advice can help. When making a decision about changing a family court order, the court will consider the best interests of the child, the primary considerations, and any additional considerations.
FAQs
1. Can I change a family court order without the matter going to court?
– No, any changes to a family court order must be approved by the court.
2. How long does it take to change a family court order?
– The time it takes to change a family court order will vary depending on the circumstances of each case. It can take several months or even years in some cases.
3. Can I change a family court order if I don’t like it?
– No, simply not liking a family court order is not a sufficient reason to change it. There must be a significant change in circumstances, changes in children’s needs, or non-compliance with the orders.
4. Do I need a lawyer to change a family court order?
– It is recommended that you seek legal advice before attempting to change a family court order. A lawyer can help you understand your legal rights and obligations and guide you through the process.
5. What happens if the court denies my request to change a family court order?
– If the court denies your request to change a family court order, the original order will remain in effect. You may be able to appeal the decision, depending on the circumstances.
If you need legal assistance with changing a family court order in Australia, contact a qualified family lawyer. They can provide guidance on your legal rights and help you navigate the process.
