As a general principle, parenting orders under the Family Law Act are never truly final. If there is evidence of a substantial change in circumstances an application can be made by either parent to vary existing orders. Several questions need to be answered before an application is made to vary orders, these include;
- Do you really want to make the application?
- Do you really really want to make the application?
- Are you absolutely really really sure that you want to make the application?
We have been involved in many matters where a parent has sought to vary a comparatively minor aspect of the court orders based on a change in circumstances. After the conclusion of the unsuccessful mediation the subsequent litigation was not limited to the specific issues that our client sought to change. In summary, fresh litigation under the Family Law Act seeking to vary parenting orders can on occasion open up a can of worms that was never contemplated by the person who filed the application.
There is no certainty in litigation and there is great merit in achieving certainty if agreement can be reached in mediation. Most successful mediations do not have a “winner” or a “loser”. Successful mediations typically have 2 parents who have reached an agreement that they are not necessarily happy with, but that they can live with. The alternative is to potentially invest between $50,000 and $100,000 in contested proceedings under the Family Law Act which will take between 18 months to 2 years to finalise.
Should you require legal advice about family law issues including parenting orders contact our Accredited Specialist Sean Cahill today on 02 4627 3333.
This article was published on 27/03/24 and the information is valid only to the date of publishing. This article should be considered merely general and non-specific on the subject matter and is not and should not be considered or relied on as legal, advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.