Application for Variation to Parenting Orders:

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 a consultation with one of our expert Family Lawyers today by contacting us on (02) 9233 4048 or send an email to info@navado.com.au. 

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