Can Family Court Orders Be Changed?

When an Order is made in relation to children it is made based on the facts and circumstances at the time. It is often difficult for the parties or even the Courts to foresee what will happen in the future and often what seemed like a good idea at the time may no longer be workable because the circumstances have since changed.

So are the parties stuck with those Orders or can they change them?

An Order can be changed in two ways:

1. By agreement between the parties; or

2. By further Court Order.

Reaching an agreement is by far the cheapest and quickest option for parties. Even where parties can not reach an agreement between themselves, often with the help of Solicitors and Family Dispute Resolution practitioners an agreement can be achieved. It should be noted that it is a requirement that parties initially attempt to reach an agreement through Family Dispute Resolution (often referred to as mediation) before applying to the Court unless some exceptional circumstances apply such as Family Violence.

If the parties do reach an agreement, then a Consent Order or Parenting Plan can reflect that agreement. Before a Court will change an Order, it must first be satisfied that there has been a significant change in circumstances (known as the Rule in Rice and Asplund). It will be for the person applying for that change to show there has been such a significant change.

In all parenting matters, the best interests of the children are the paramount consideration. Courts are reluctant to allow parents to put children through further litigation unless there is a good reason to do so.

It will be for the Court to determine whether the circumstances have changed substantially. If the Court is so satisfied it may re-open the matter and make new Orders. If the Court is not satisfied the circumstances have changed then it can refuse to change the current Orders.