Parenting after separation is rarely straightforward. While parenting orders aim to provide structure and stability, life changes, and sometimes, those changes make existing arrangements unworkable. Many separated parents find themselves questioning whether current court orders still serve their child’s best interests.
Understanding your rights, the legal process, and the reasons to change parenting orders is essential if your circumstances have shifted. In this guide, we’ll explore why a court may reconsider parenting arrangements in Australia, what counts as a ‘significant change,’ and how you can take steps toward a more suitable arrangement.
What are parenting orders?
Parenting orders are legal arrangements made by the Family Court of Western Australia or the Federal Circuit and Family Court of Australia, covering how separated parents share responsibilities for their children. These orders typically set out:
- Where the child lives
- Time spent with each parent
- Communication and decision-making responsibilities
Once made, parenting orders are legally binding, but they are not necessarily permanent. In some cases, a parent may need to apply to the court to have them varied. The court considers a change only when the parties meet the threshold test.
Understanding when the Court allows changes to parenting orders
Australian family law does not allow one parent to change parenting orders simply because they disagree with them. Before considering any variation, the court must confirm that a material and significant change in circumstances has occurred since it made the original order.
The landmark case Rice & Asplund established this principle. It protects children from unnecessary conflict by preventing parents from continually re-litigating parenting orders without good cause. This case has now been codified under the Family Law Act at section 65DAA.
If the court decides that the parties haven’t met the required threshold, it may refuse to hear the case altogether.
Valid reasons to change parenting orders
So, what kinds of changes might satisfy the court that a review is justified? While every case is different, the following are some of the most common reasons to change parenting orders in Australia:
1. The child’s needs have changed
As children grow, their needs evolve. A routine that worked at age six may not be suitable at age sixteen. Changes in emotional wellbeing, education, health, or extracurricular commitments may all justify a reassessment of existing arrangements.
For example:
- A child might need to live with one parent to attend a particular school.
- There may be new mental health or medical needs.
- The child may express a strong, age-appropriate preference.
The court always considers the child’s best interests and may give weight to their views, depending on their age and maturity.
2. A parent is relocating
Relocation, whether for employment, family support, or safety reasons, is one of the leading reasons to change parenting orders. If one parent moves to a different town, state, or country, existing orders may no longer be practical or fair.
The court will assess:
- The motivation for the move
- Whether the child can maintain a meaningful relationship with the other parent
- Alternative contact arrangements
Parents should never relocate a child without either the other parent’s agreement or a court order. Doing so may result in legal action, including recovery orders.
3. Family violence or safety concerns
If concerns arise about a child’s safety due to family violence, abuse, neglect, or substance misuse, the court may consider these serious enough to vary the orders.
In such cases, a parent may apply to change the parenting orders to protect the child’s well-being. The court may order supervised visits, restrict contact, or implement other protective measures.
4. A parent can no longer meet their obligations
Major life events can affect a parent’s ability to follow the existing orders, such as:
- Incarceration
- Mental health decline
- Addiction
- Homelessness
Where a parent can no longer care for the child as originally ordered, the other parent (or a third party) may apply to vary the orders to ensure the child’s stability and safety.
5. Consistent breaches of the orders
Another common reason to change parenting orders arises when one parent repeatedly breaches the agreed arrangements, for example, by refusing handovers, limiting contact, or failing to meet parental duties.
If informal resolution and mediation aren’t effective, the court may consider a variation to restore certainty and protect the child’s routine.
How to change parenting orders
Once you’ve identified one or more reasons to change parenting orders, there are two ways forward, depending on whether both parents agree.
1. Consent Agreement or Orders (by agreement)
If both parties agree on new arrangements, they can vary orders by parenting plan or apply to the court for consent orders. These are legally enforceable and usually don’t require a hearing.
Consent orders provide a practical, low-conflict solution for parents who recognise the need for change.
2. Court application (without agreement)
If the parents cannot reach an agreement, one party may apply to the court to vary the parenting orders. The court will:
- Assess whether a significant change in circumstances exists (Rice & Asplund test)
- Determine what arrangement best serves the child’s interests, per the Family Law Act 1975
This path may involve family dispute resolution (FDR), expert reports, and a formal hearing process.
What the Court considers
The court bases its decisions on what is in the best interests of the child, not the preferences of either parent. It considers:
- The child’s relationship with each parent
- Any risk of harm or exposure to family violence
- The child’s views
- Practical factors (distance, finances, routines)
- The capacity of each parent to provide care
Do I need legal advice?
Changing parenting orders is not a simple or guaranteed process. Whether you’re seeking to update arrangements or responding to an application from the other parent, getting advice from a family lawyer is highly recommended.
They can help you understand your rights, prepare your application, and negotiate suitable arrangements that reflect your child’s best interests.
When parenting orders no longer fit, call Loukas Law
When life changes, so too should your parenting arrangements, but navigating the legal process can feel overwhelming. Whether you’re concerned about your child’s wellbeing, facing a relocation, or dealing with a breach of orders, you deserve clarity and support.
At Loukas Law, we specialise in guiding families through the complexities of parenting order changes with compassion, discretion, and expertise. We’re here to help you understand your options, protect your rights, and prioritise your child’s best interests every step of the way.
Reach out to our team for clear, practical advice tailored to your situation. Let’s work together to find a solution that reflects where your family is today and where you want to go tomorrow.