How Can Parenting Arrangements Be Changed?

How can parenting arrangements be changed?

The answer depends on whether you have an informal arrangement, a parenting plan or parenting orders. When both parents agree, change can often be documented comparatively efficiently. Where there is disagreement, do not make unilateral changes without understanding the consequences.

What is a parenting plan?

A parenting plan is a written agreement between parents that is made free from threats, duress or coercion, and signed and dated by the parties. It may be varied or revoked by a later written agreement.¹

A parenting plan is not enforceable as a court order. However, it can be relevant if the court later considers parenting arrangements.

What are consent orders?

Consent orders are court orders made when parties agree. They are legally binding and enforceable. They can cover where a child lives, time with each parent, communication, major long-term decisions, travel and other practical matters.²

What if both parents agree to a change?

Record the agreement clearly. Depending on the circumstances, parents may:

• Sign a new parenting plan; or
• Apply to the court for new consent orders by agreement.

The right choice depends on the need for certainty, enforceability and the type of change. Legal advice is particularly important for long-term changes, relocation, overseas travel, safety concerns or a history of conflict.

What if one parent does not agree?

If orders are in place, a party seeking change may need to apply to the Federal Circuit and Family Court of Australia. The court considers whether there has been a significant change in circumstances sufficient to reconsider final parenting orders, then applies the child’s-best-interests framework.³

Does a teenager’s preference decide the issue?

Not automatically. A child’s views may be considered in light of their age, maturity and understanding, but the child’s best interests remain paramount.⁴

Hear Andrew Bell explain changing parenting arrangements in Legal Matters: drones, rental cars and parenting relocation . See also relocation after separation .

References