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Pursuant to Part VII of the Family Law Act 1975 (Cth) (the Act), the Family Court of Australia (the Court) has the jurisdiction to make parenting orders extending to all children, regardless of their situation, unless the child is in the care of the State Welfare Authority. Where you are seeking to vary a parenting order, an application must be made under the Act. The Court has jurisdiction to vary an order under section 70NBA of the Act. Our Family Lawyers have a range of experience in matters concerning the variation of orders.

When considering an application for a variation of an order, as under section 60CA of the Act, the Court will always ensure that the child’s best interests are its paramount consideration. Section 60CC lists a range of considerations the Court may take into account to determine the best interests of the child. The list is not exhaustive and includes matters such as the benefit to the child of having contact with both of the child’s parents and the need to protect the child from any physical or psychological harm as a result of any family violence that may be involved.

The case law around this area generally involves the parents and the children. However, our Family Lawyers also understand that situations may arise in relation to a variation of an order that also involve additional parties like grandparents. Regardless of the issue, the interests of the child are paramount. Under section 61DA, there is a presumption of equal shared parental responsibility. The application of section 61DA was explored in the case of Goode & Goode [2006] FamCA 1346; (2006) FLC 93-286. The Court found that the importance of section 61DA is that it is the starting point for a consideration of the practicality of the child spending equal time with each of the parents. If it is then found that spending equal time with the parents is consistent with the best interests of the child and not impracticable, the Court must consider making such an order. When seeking variation of an order, it is important to keep the applicability of section 61DA in mind.

Our Sydney Family Lawyers can provide you with the advice and assist you in making a variation of an order. Book your first free consultation with one of our expert Family Lawyers today by contacting us by telephone on (02) 9233 4048 or email us at info@navado.com.au. Please peruse our "Locations" tab for a complete list of our branch offices.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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If you require assistance with a Family matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney
  • Parramatta
  • Chatswood
  • Hurstville

Our Locations

  • Family Lawyer Sydney
  • De Facto Lawyer Sydney
  • Relationships Lawyer Sydney
  • Divorce Lawyer Sydney
  • Family Lawyer Parramatta
  • De Facto Lawyer Parramatta
  • Relationships Lawyer Parramatta
  • Divorce Lawyer Parramatta
  • Family Lawyer North Sydney
  • De Facto Lawyer North Sydney
  • Relationships Lawyer North Sydney
  • Divorce Lawyer North Sydney
  • Family Lawyer Hurstville
  • De Facto Lawyer Hurstville
  • Relationships Lawyer Hurstville
  • Divorce Lawyer Hurstville
  • Family Lawyer Liverpool
  • De Facto Lawyer Liverpool
  • Relationships Lawyer Liverpool
  • Divorce Lawyer Liverpool
  • Family Lawyer Gordon
  • De Facto Lawyer Gordon
  • Relationships Lawyer Gordon
  • Divorce Lawyer Gordon
  • Family Lawyer Baulkham Hills
  • De Facto Lawyer Baulkham Hills
  • Relationships Lawyer Baulkham Hills
  • Divorce Lawyer Baulkham Hills
  • Family Lawyer Campbelltown
  • De Facto Lawyer Campbelltown
  • Relationships Lawyer Campbelltown
  • Divorce Lawyer Campbelltown
  • Family Lawyer Bondi Junction
  • De Facto Lawyer Bondi Junction
  • Relationships Lawyer Bondi Junction
  • Divorce Lawyer Bondi Junction
  • Family Lawyer Chatswood
  • De Facto Lawyer Chatswood
  • Relationships Lawyer Chatswood
  • Divorce Lawyer Chatswood
  • Family Lawyer Miranda
  • De Facto Lawyer Miranda
  • Relationships Lawyer Miranda
  • Divorce Lawyer Miranda
  • Family Lawyer Bella Vista
  • De Facto Lawyer Bella Vista
  • Relationships Lawyer Bella Vista
  • Divorce Lawyer Bella Vista
  • Family Lawyer Erina
  • De Facto Lawyer Erina
  • Relationships Lawyer Erina
  • Divorce Lawyer Erina
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