August 24, 2023

What Factors Do Courts Consider When Varying Parenting Orders?

When considering a variation to parenting orders, the court must consider the best interests of the child. The court will take into account a range of factors as detailed under Section 60CC of the Family Law Act including:

• Risk of harm: the court must consider the need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.
• The benefit of child of having a meaningful relationship with each parent: this includes consideration of the length and quality of the relationship between the child and each parent.
• The child’s wishes: The court will consider the child’s wishes based on the age and maturity of the child.
• The child’s needs: The court will consider the child’s needs, including any special needs or medical conditions.
• The capacity of each parent to provide for the child: The court will consider the ability of each parent to provide for the child’s physical, emotional, and psychological needs.
• The impact of any changes on the child: The court will consider the impact that any proposed changes will have on the child, including the disruption to the child’s life and the effect on their relationships with each parent.

It’s important to note that the court’s primary consideration is the best interests of the child, and not the interests of the parents. This means that the court may make orders that are different from what either parent has proposed, if the court considers that this is in the best interests of the child.

Conclusion

In Australia, parenting orders are legally binding documents that set out how separated or divorced parents will share the care and responsibility of their children. However, as circumstances change, it may be necessary to vary parenting orders to better meet the needs of the children and the parents involved. To change parenting orders, you need to first attempt negotiations and mediation to resolve the dispute. If unsuccessful, you will need to file court proceedings and in doing so show that there has been a significant change in circumstances that warrants a variation. As with all parenting orders that it makes, the court’s primary consideration is the best interests of the child.At Oikos Family Law, we are highly-experienced in parenting matters, including varying parenting orders. If you need assistance with parenting matters, contact one of our expert family lawyers based in Mount Waverley and Ringwood on 0421 397 316 or jlok@oikosfamilylaw.com.au for an obligation-free chat.