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WA Modify Existing Family Court Orders for Childrens Matters?

Discussion in 'Family Law Forum' started by gingameggs, 4 March 2015.

  1. gingameggs

    gingameggs Member

    4 March 2015
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    Hi, i have parenting orders (Family Court Orders) handed down less than 12 months ago. There has been changes to circumstances and I would like to request to have some of these orders changed, particularly the time spent arrangements. I'm just wondering if anyone can advise on which Family Court of WA forms I need to use to commence this. Is it a Form 2 and an exemption form (as no further mediation will be undertaken).

    I appreciate your help.
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi gingameggs,

    I apologise for the late response to your question. Did your matter work out?

    In case you are enquiring about this, to vary an existing parenting order, you will need to apply directly to the court to vary the parenting order. It is not a fresh parenting order, but an application to vary an existing parenting order. The court will consider your application on a case-by-case basis. To persuade the court to agree to varying your parenting order, you will need to show:
    • circumstances have changed so significantly that a new hearing should be held to consider the new arrangements; and
    • the potential benefits to the child from a new arrangement justify any adverse consequences that may arise from varying the order.
    Basically, there must be a significant change in your circumstances. This is because, you are essentially asking the court to review an order made by a previous judge. The court will not readily do this (because they do not wish to second guess other judges of the court). They will only do this if there has been a significant change in your circumstances which make the previous order no longer suitable.

    I am not exactly sure which application to use, however, you can find this out by calling the Family Court Registrar and enquiring.

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