Key Takeaways
- Parenting orders can be changed, but only if there’s been a significant change in circumstances.
- You must attempt dispute resolution before going back to court.
- Modifications must prioritise the best interests of the child.
- If parties agree, changes can be made by consent without a court hearing.
- Legal advice helps ensure any changes are enforceable and in line with Australian family law.
When parenting orders are made by the court, they are legally binding — but life doesn’t stand still. Children grow, families move, circumstances shift. Fortunately, parenting orders can be modified under Australian family law, but only in specific circumstances and following the proper legal process.
At Berryman Partners, we regularly assist clients in Newcastle, Lake Macquarie and across the Hunter with updating parenting arrangements. Whether you’re seeking a variation due to relocation, work changes, or evolving needs of the children, this guide outlines how it works and when it’s possible.
Can parenting orders be changed?
Yes, but only when there has been a significant change in circumstances since the original orders were made. This is a key legal threshold. Courts generally expect orders to be final and discourage frequent or trivial modifications.
Examples of significant changes include:
- A parent relocating interstate or overseas
- A child’s health, schooling, or living needs changing
- Evidence of family violence or risk to the child
- A breakdown in the co-parenting relationship that makes existing orders unworkable
Before you apply to the court to change parenting orders, you’ll need to show why it’s necessary and in the best interests of the child.
Step 1: Attempt dispute resolution
In most cases, parents must first attempt family dispute resolution (FDR) before going back to court. This process, typically involving a trained mediator, gives both parties the opportunity to discuss proposed changes and potentially reach a new agreement.
If an agreement is reached, it can be:
- Formalised as a consent order (filed with the court)
- Kept as a parenting plan (less formal, not legally enforceable)
At Berryman Partners, we can help you formalise an agreement into legally binding orders, giving you certainty and enforceability.
If no agreement is reached, your mediator will issue a Section 60I certificate, which you’ll need to apply to the court.
Step 2: Apply to vary the orders (if necessary)
If dispute resolution fails or isn’t appropriate (e.g. due to safety concerns), the next step is to apply to the Federal Circuit and Family Court of Australia to vary the orders.
You must prove:
- There has been a significant change in circumstances, and
- It’s in the best interests of the child to change the orders
The court considers many factors when determining what’s best for the child, including:
- The benefit of maintaining meaningful relationships with both parents
- The need to protect the child from harm
- The views of the child (depending on age and maturity)
- Each parent’s capacity to meet the child’s needs
What if both parties agree to changes?
If both parents agree to vary the existing parenting orders, the process is far simpler. We can help draft and file consent orders with the court — this removes the need for a hearing and gives your agreement legal effect.
This is often the most cost-effective and least stressful way to modify parenting arrangements.
When parenting plans aren’t enough
While informal parenting plans can reflect your intentions, they aren’t legally enforceable. If there’s a risk that one party won’t follow the new arrangement, or if there are financial or safety implications, formalising the agreement as a court order is crucial.
Get legal advice early
Parenting orders are complex and emotionally charged. Getting the right legal advice early can save you time, reduce stress, and help avoid court altogether.
At Berryman Partners, our experienced family law team works with parents across Newcastle and the Hunter to negotiate, draft, and if necessary, apply to the court to vary parenting orders. We approach every matter with compassion and clarity, focused on what’s best for your family and your children.
Contact us today to find out your options for changing parenting arrangements.
This blog was written by Associate,
Jessica Benson
Jessica practises in the areas of Family Law, Wills & Estate Planning,
Deceased Estates and Will disputes
