Can I change final parenting orders or am I stuck with these orders forever?

Short on time? Scroll to the bottom of the page for key takeaways. 

If you are a parent who has recently formalised parenting arrangements after separation, you may wonder if these orders are really final? While they are called ‘final parenting orders’, these can be changed, but only under specific conditions.

When Can Orders Be Reconsidered?

The law recognises that the needs and circumstances of children, parents and families may change overtime. If these changes are found to be a ‘significant change in circumstances’, the Court may review and reconsider final parenting orders. This principle comes from a landmark case in the Family Court known as Rice v Asplund.

Recent amendments to the Family Law Act have reflected the Rice v Asplund principle. In particular, Section 65DAAA provides that a Court must not reconsider final parenting orders, unless:

1. The court has considered whether there has been a significant change of circumstances since the final parenting order was made; and
2. The court is satisfied that it is in the best interests of the child for the final parenting order to be reconsidered.

Following these amendments, there have been several judgements of the Federal Circuit and Family Court of Australia that question exactly how these amendments operate in real-life cases. Below are recent cases involving an application to reconsider final parenting orders.

Whitehill & Talaska

This case involved an application by the mother to vary final parenting orders that had been made a year prior. The mother sought to relocate for improved employment opportunities and family support, and the father opposed the move. The Court found that the mother’s new employment, increased financial stability and access to family support was a significant change in circumstances that promoted the child’s stability, wellbeing and financial security. As a result, the final parenting orders were reconsidered as there was a significant change and it was in the best interests of the child to vary the orders. 

Rasheem & Rasheem

This case involved an application by the mother to reconsider final parenting orders as she claimed that the children have had an adverse reaction to spending time with the father. The Court found that the reconsideration of final parenting orders was not in the best interests of the child, and the case was dismissed.

Radecki & Radecki

In this case, a father appealed to the Full Court seeking an increase in his time with the child. The Court held that the judge must examine the evidence and clearly find a significant change in circumstances.

1. If there is no positive finding of the changed circumstances, that is the end of the matter.
2. If there is a positive finding as to the changed circumstances, the Court must then consider whether the reconsideration of final parenting orders is in the best interests of the child.

The case clarified that the Court must make a clear finding about changed circumstances and even if there is a positive finding, the best interests of the child remain paramount.

Key Takeaways

Just because there has been a change in your circumstances, it does not mean the Court will reconsider your final parenting orders. The change must genuinely impact the child and demonstrate that a new arrangement would be better for them.

It is crucial to seek specialist legal advice to discuss your options and consider the merits of your case before making an application to reconsider final parenting orders.  

Got Questions about Parenting orders or Family Law matters? 

If you are considering changing your final parenting orders, it is important to get the right advice before taking the next step. Not every change will be enough for the Court to reconsider orders, and the best interests of the child will always come first.

Our experienced Family Law team can guide you through your options, explain the legal process in plain language, and support you in making decisions that protect your child’s wellbeing.

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The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.