How Final are Final Parenting Orders?

Once Final Parenting Orders have been made, can they be changed?

The short answer is that Final Orders can be varied or set aside if there has been a significant change in circumstances since the making of the Final Orders.

This is according to the rule set out in the Rice & Asplund. This rule means that the Court must first be satisfied that there has been a significant change in circumstances since the making of Final Orders before the Court would consider changing Final Orders.

It is important to note that a significant change in circumstances is a very high threshold. It does not mean that the Court will make vary or set outside Final Orders simply for convenience.

Some examples of what the Court has been satisfied are a significant change in circumstances include:

• A party seeking to relocate with the child.
• The Final Orders no longer reflect the arrangements for the child.
• A party has re-partnered or re-married which has created a change in circumstances, such as the ability to provide a warm friendly environment.
• A happy re-marriage and recovery from former mental problems by one party.
• If the Final Orders were made without all of the relevant information being put to the Court.
• One party continuing not to comply with the Final Orders.
• The use of bad languages and dirty expressions by a child after spending time with one parent.
• Psychological and physical changes in children as they grow up.

This rule means that parties cannot continue to issue proceedings simply because they are unhappy with the Orders. When making Final orders that Court must always consider whether it would be preferable to make the Orders that would least likely to lead to the institution of further proceedings in relation to the child.

If you have Final Orders that you wish to have varied or set aside, speak to a member of our Family Law team by calling 03 5445 1000.