VIC Advice on change of circumstances on court order

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Sal1

Well-Known Member
24 June 2016
41
0
121
My daughter has a current court order in place . Her ex partner has requested a 'new arrangement' which involves a lot more time for my daughter to have my granddaughter from 6 nights a fortnight to 10 nights a fortnight . He is reluctant to go to court due to paying a lawyer & is suggesting a new arrangement to be witnessed by a j.p .
This new arrangement is to be permanent.
Am I correct in thinking that the new arrangement witnessed by a j.p would not override the existing court order ?
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Depending on the existing Orders,

Provided there is no immediate child safety concerns.

And provided both parents agree and are willing to work together parents can enter into a parenting plan together and work outside of the existing Orders.

Parenting plans are not legally enforceable and one parent could decide to revert to existing Orders. However if you work together you can avoid court and lawyers.

See link below.

If you agree on parenting arrangements - Federal Circuit Court of Australia
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
courts would rather see parents work their stuff out between themselves.
So if mum and dad write up an agreement and sign it then it is done and dusted.

The problems you're gonna face is if dad is reluctant for this info to be passed onto centerlink for child support purposes AND a parenting plan isnt' enforceable, so dad can change his mind in 6 months.... Then things get messy. BUT you can't live your life worried about what might happen down the track
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
Am I correct in thinking that the new arrangement witnessed by a j.p would not override the existing court order ?
Correct... And that may be a good thing

As pointed out already, there is an option to enter into a parenting plan. BE AWARE though that a current parenting order is subject to a later PP >>>> FAMILY LAW ACT 1975 - SECT 64D Parenting orders subject to later parenting plans

Basically this means that if a later PP is inconsistent with an order, it will be very difficult to have those parts of the order enforced... Potentially you could have a scenario where a PP is entered into that varies the lives with, visitation terms of the order, & if one parent unilaterally then disregards the PP (which is not legally enforceable), it will be very difficult to use the terms of the order as a fallback & seek enforcement / contravention...

Personally, I think just an informal agreement in writing clearly stating that it is not intended to replace the order may be a better option for now to see if the new arrangement is going to work... The agreement in writing is providing some hard evidence of a temporary change in arrangements just to help protect each parent from accusations of a contravention of orders..
 

Sal1

Well-Known Member
24 June 2016
41
0
121
Thankyou for your replies .
The 'new arrangement' has been agreed to be permanent. Child support has not been elected on either parties . There is no child protection services at all.
If they chose to go to court to get it changed is it a matter of lawyers drawing the agreement & presenting it to a judge &s out of court . My daughter is concerned that the ex partner may change his mind & circumstances down the track which will once again have an impact on my granddaughter & my daughter will only have the original court order to legally fall back on .
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
If they chose to go to court to get it changed is it a matter of lawyers drawing the agreement & presenting it to a judge &s out of court
If they want to keep the order but change the one aspect, ie, from 6 nights a FN to 10 nights a FN, then another option is to apply to the court for a new consent order to replace the existing one..

They can do that themselves at minimal cost... Basically keep all the same wording as current order & just change the nights spent... Doing it that way won't involve going before a judge, just checked off by a court registrar
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
you can do it at minimal expense. I think Atticus advice is king here. Use the current orders as a template - write it up yourself and use a solicitor to submit them, or do it all yourself. IF it is consent orders then there is no need to attend court. You just submit them for approval. I think it would cost about $500 but don't quote me on that.