Blog

Can I Change Parenting Orders? Understanding the Process

Parenthood is an emotional journey filled with twists and turns, and sometimes, the road can take an unexpected detour. For separated or divorced parents navigating parenting orders can be particularly challenging. What happens when circumstances change, and the existing parenting order no longer reflects the best interests of the child or the needs of the family?

Over time, circumstances can change, meaning modifications to existing parenting orders may be required. Robert Wood and Associates is here to help with expert legal guidance and support in a wide range of family law matters. Read on to find out more about parenting orders and the process of changing them.

What is a Parenting Order?

Governed by the Family Law Act 1975, a parenting order is a legally binding document which outlines various aspects of parental responsibility and arrangements for the care and upbringing of a child. The specifics of the order will vary from case to case, but it typically covers matters such as living arrangements, communication, and visitation rights.

Modifying Parenting Orders – When is it Necessary?

There may come a time when revisiting and modifying your parenting agreement becomes necessary.

Some common reasons to consider modifying a parenting order include significant changes in your or your child’s circumstances, such as a move, a new job, or a change in your child’s needs. Additionally, if there are concerns about your child’s safety or wellbeing under the current arrangement, it may be appropriate to seek a modification.

It’s important to approach this process with empathy, understanding, and a strong focus on your child’s needs. By working closely with legal professionals and, if necessary, mental health experts, you can make informed decisions that prioritise your child’s wellbeing.

The Legal Process for Modifying a Parenting Order

Modifying parenting orders can be a complex and emotional process. It’s important to understand the legal requirements and procedures involved as this will help to ensure the best outcome for you and your family.

The first step is to determine if there has been a substantial change in circumstances that warrants a custody modification.

Once the grounds for modification have been established, you’ll need to apply to the court that originally issued the order. This will initiate the legal proceedings, which may include mediation, evaluations, and a court hearing.

Throughout the process, it’s crucial to work closely with an experienced family lawyer who can guide you through the legal requirements, advocate for your rights, and ensure the final arrangement prioritises the child’s wellbeing. For a highly skilled and experienced local family lawyer, Vermont clients should get in touch with the team at Robert Wood and Associates today.

Demonstrating a Change in Circumstances

To successfully modify parenting orders, you must be able to demonstrate a substantial change in circumstances. This can be a difficult, but understanding the key factors can help ensure your case is presented effectively.

The core element is showing that there has been a significant shift in your situation since the original court order or agreement was put in place. This could involve changes to your income, living arrangements, childcare needs, or other major life events.

Providing thorough documentation is essential – pay slips, bills, lease agreements, and other records can all help paint a clear picture of your new situation. Importantly, you must also explain how this change impacts your ability to meet the original terms.

Tips for Successfully Changing a Parenting Order

• Familiarise yourself with the specific laws and regulations governing changes to parenting orders in your state. If you need any help understanding the legal jargon, seek the guidance of an experienced family lawyer.
• Collect any evidence or documentation that supports your case for a custody modification.
• Whenever possible, try to have open and honest discussions with the other parent about the proposed changes. This can help build trust and facilitate a smoother, and more cooperative process.
• Remember that the primary concern should always be the wellbeing and best interests of your child so approach the process with this mindset.
• Work with a qualified family lawyer or mediator who can guide you through the legal and emotional aspects of the custody modification process.

As a parent, it’s important to understand when seeking the guidance of a qualified child custody lawyer may be necessary. Whether you’re facing a divorce, a custody dispute, or a modification of an existing parenting order, having an experienced legal team by your side can make all the difference.

Family Lawyer – Vermont

Robert Wood and Associates is here to help with all family-law related matters. Whether you need help with changes to parenting orders or advice on a divorce settlement, Melbourne families have trusted us for over 30 years. Schedule an appointment with us online or call 03 9762 3877.