QLD Change of Parenting Orders

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shane hunter

2 September 2014
Hi. I have parenting orders (family court orders) in place and have been for 6 months. My ex now claims to take me to court to change them. Reason: I have fulltime care of my son and in the orders it states (my son will live with me and have access with the mother aranged between my son and his mother. no time frames or dates.) Now my son does not wish to see his mother and she now doesn't like that idea and wants to remove that right from my son who is 11 years old. There are also two other children on orders with the same right 12,14 yo which the mother has full care of and does not see me .. The mother does not want to change the rights though with these two children. Does the mother have a right under the Family Law Act or other family law to change these orders just because she no longer agrees with them?

Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Shane,

A parent will almost always have a right to apply for a review/change of a parenting order. Whether she will have this application approved or not is another matter altogether.

A parenting order is not about the parent, any of the parents. It is solely about the child. Unless the mother can convince the court that your child should be forced to see her against his will, on regular time frames, and that this is more beneficial to his development and health than him choosing when and if to see his mother, then the application will unlikely be accepted. Courts do not like parents seeking orders for personal reasons that are motivated by self-interest.
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Further to Sarah J's response above,

In order to change an existing court order for parenting arrangements, you need to show that there has been a significant change of circumstances that makes the proposed change necessary for the best interests of the child. As Sarah said, the impact on the child is the court's primary consideration and comes before any impact on either parent. In this case, it does not appear that there has been a material change in circumstances that necessitates a change for the best interests of your 11 year old. I doubt your ex will be successful in her application.