Parenting orders cover a range of arrangements, including where a child will live, visitation schedules and how decisions impacting the child’s welfare will be made. But when it comes to “final parenting orders,” is the term misleading? Recognising that the needs and circumstances of children, parents and families can and often do change, these orders may not be as “final” as they sound.
What are parenting orders?
In New South Wales, parenting orders are issued by the Family Court or Federal Circuit and Family Court of Australia to resolve disputes between parents about their children’s care. These legally binding orders detail specific responsibilities and rights each parent holds, covering everything from the child’s primary residence to communication and contact schedules. Parenting orders aim to protect children’s best interests while providing a stable framework for parents to follow. Parenting orders can be reached through agreement between parents and then ratified by the court, or they may be determined by the court if parents cannot agree. The latter is known as a “final parenting order,” and although it is intended to provide a long-term solution, it can be modified under certain circumstances.
Are final parenting orders really final?
In family law, the term “final parenting orders” implies permanence. However, in reality, parenting orders may not be permanent and can be modified over time as circumstances evolve. Recognising that family dynamics, children’s needs and parents’ lives can change, the law allows for the reassessment of these orders under particular conditions. A final parenting order is intended to provide long-term stability for the child and both parents. However, it does not mean that the arrangement is set in stone forever. Changes in employment, health issues, relocation or shifts in the child’s needs as they grow older can impact the practicality and appropriateness of the original orders. In such cases, parents may apply to the court to vary or discharge the final orders to better reflect the current circumstances.
When can final parenting orders be changed?
The Family Law Act sets out certain situations where a final parenting order can be varied. Generally, there must be a significant change in circumstances before the court will consider revising the existing orders. Common examples of such changes include:
- Relocation: If one parent needs to move a significant distance away, adjustments to the parenting orders may be necessary to accommodate visitation schedules or living arrangements.
- Health changes: Either the child’s or a parent’s health can shift significantly, requiring new care arrangements. For example, if a child develops a medical condition that demands particular accommodations, the parenting orders may need to adapt.
- Child’s wishes: As children grow older, their preferences regarding living arrangements or contact with each parent may change. The court may take the child’s wishes into account, particularly if they are mature enough to make considered decisions.
- Changes in employment or financial status: If one parent’s work situation changes, making the original visitation schedule unfeasible, the court may consider adjusting the arrangements to suit the new circumstances.
When pursuing a change to a parenting order, the requesting party must demonstrate that the new circumstances justify a variation. Without a significant change, the court will generally maintain the final orders to ensure stability for the child.
Is the term “Final Parenting Orders” a misnomer?
Given the possibility of changes, the term “final parenting orders” may seem misleading. While the intention is for these orders to establish long-term stability, the reality of family life often defies permanence. Families change, children’s needs evolve and parents’ situations shift over time. By recognising these realities, the court allows for the flexibility needed to adapt parenting orders to reflect ongoing changes, ensuring that the best interests of the child remain the priority.
Navigating parenting orders with Benjamin and Robinson Lawyers
At Benjamin & Robinson Lawyers, we understand that life is unpredictable, and even the most carefully considered arrangements may need to evolve. Whether you’re seeking to establish initial parenting orders or need to adjust existing ones, our experienced family law team is here to guide you every step of the way. Navigating parenting orders requires a delicate balance between legal knowledge and compassionate understanding of family dynamics. We are committed to helping families find solutions that work for their unique needs, recognising that “final” doesn’t always mean forever. If you believe your parenting orders need to be reassessed, reach out to us for advice tailored to your situation. Together, we’ll work towards arrangements that best support you and your family’s future.
Benjamin & Robinson Lawyers – your trusted partner in family law
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