Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

NSW Family Law - Amending Final Orders During Family Court?

Discussion in 'Family Law Forum' started by Defacto85, 29 March 2016.

  1. Defacto85

    Defacto85 Member

    Joined:
    29 July 2015
    Messages:
    4
    Likes Received:
    0
    Hi everyone,

    I'm hoping someone can help me as to the process of amending the final orders sought during a family law case.

    My previous partner and I have had our first appearance in family court before the judge on a hearing duty list last year. We are due back in family court just over a month from now for a directions hearing. Since it will have been nearly 12 months since writing my initial application, there have been a number of things that have changed and I would like to amend the orders I am seeking such that the best interests of our child are catered for.

    How do I go about this? Is it an application in a case? Or something different?

    I am representing myself in this instance.

    The court is federal circuit court, NSW.
     
  2. Hope this helps

    Hope this helps Well-Known Member

    Joined:
    26 March 2016
    Messages:
    116
    Likes Received:
    14
    Yes, you certainly can. As you are from another state, I cannot give you the correct doc. But easily look it up here or Gov. Law is sure to print off docs. Or go into Family court section whereby you can obtain Docs. It is the same location where you can lodge your forms as well as ask which forms you require once you explain as you have done here what you want to do.

    Otherwise, you're able to get advice by ringing the court whereby a person is there to answer any queries including docs. You will have to obtain an Amendment Application of the orders doc. You will also have to write an affidavit stating Amendment and making reference to old orders eg ' section 1. 16 ' to state where and how you wish to make amendments. Also, in the Affidavits, you can state completely new wants/ needs for the child.

    If it is at all possible talk or email any concerns, any amendments the partner wants, tell them what you want. Both parents should be talking to the child depending what age they are.

    If you suddenly decide you want your child to go to a particular school, have them on particular days, nights, time. Continue to attend Scouts whatever it is please do not only consider present time but future years. Last thing, you want is going back and forth all the time each year adjusting or changing or whatever as the judge themselves do not just deal with present time and encourage parents to agree and consider the implications to the child. Doesn't mean you will be granted.

    But before this, a court-appointed social worker or counsellor will be appointed so they can see both parents individually as well as the child and the judge will have this before them.

    Also, email the other parent your copy of amendments. Or have it delivered and signed for.
     
  3. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,500
    Likes Received:
    464
    You can file another initiating application with 'amended' written on the cover page. You will need to show where you have have amended the orders you are seeking, usually by crossing out what you want removed and underlining what you want added. You will need to file another supporting affidavit, as well.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  4. Defacto85

    Defacto85 Member

    Joined:
    29 July 2015
    Messages:
    4
    Likes Received:
    0
    Excellent. Thanks so much
     
Loading...

Share This Page

Loading...
gt;