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Andrew Turner info

Andrew Turner

Senior Associate Family Law

Can I change my Family Law Court Orders?

If your existing parenting orders are no longer working or your circumstances have changed and you can no longer comply with them, it is important to seek legal advice as early as possible, as your future position may turn on how quickly you act.

As a general rule, family law courts want parenting orders to be final and will only change them if absolutely necessary. Therefore, in any application to vary parenting orders the court will consider the test established in the case of Rice v Asplund, being whether there has been a substantial change in circumstances that is sufficient to justify a review of the orders.

Unless the matter is urgent, you will generally be required to undertake mediation or Family Dispute Resolution to attempt to resolve the matter by agreement prior to any court action. It is recommended that you obtain independent legal advice prior to attending FDR.

If you require advice in relation to changing your family law court orders, please contact BJT Legal on (03) 5333 8840 or familylaw@bjtlegal.com.au

Please note that this is general information only and is not to be relied upon as legal advice.