Can parenting orders be varied?

Can parenting orders be varied?

If “final” parenting orders are in place, then how can they be changed? Importantly, parenting orders can always be changed by agreement between the parties to those orders. However, if there is no agreement about what changes can be made, an application to the Court is required.

What does vary parenting order mean?

Varying ordersedit On application, a court may change, suspend or terminate an order respecting parenting arrangements if satisfied that, since the making of the order, there has been a change in the needs or circumstances of the child, including because of a change in the circumstances of another person.

What happens if an ex spouse defaults on a maintenance order?

In the event that an ex-spouse defaults on payment, you can apply to enforce the Maintenance Order at the Family Court. You will have to bring along a copy of the Maintenance Order and your identity card. What the court may then do: Sentence your ex-spouse to a jail term of up to one month for each month of unpaid maintenance.

What does the court consider when making a parenting order?

However, parents must not stop or interfere with the other parent’s rights or responsibilities under the parenting order. The court only considers making orders that the children do not see one parent in special circumstances, such as where the court considers the child to be at serious risk of harm. This is rare.

What to do if a parenting order is not complied with?

The law on contravention of orders is complicated. If a person does not obey an order, the affected person should get legal advice. If an existing parenting order no longer reflects current arrangements for a child or the other party cannot reasonably comply you can ask the court to make an order to vary the existing order.

How to apply for consent orders in Family Court?

If you agree to the changes, you can apply for consent orders in the Family Court or alternatively you may enter into a parenting plan. For more information, see the section ‘If you agree on arrangements’, and the Parenting plans – Information for parents to consider when making a parenting plan available on the Family Relationships Online website.

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