If you and the other parent both agree to change the Parenting Orders, you should get legal adviceACTNSWNTQldSATasVicWA about the next steps.
If you can’t agree about changing the Parenting Orders, you may need to go to the Family Courts.
Unless an exception applies, you must try Family Dispute Resolution (mediation) before you can go to the Family Courts about your children.
Domestic and family violence is an exception to trying Family Dispute Resolution, but sometimes going straight to court may not be the best option for you.
Some people prefer to try Family Dispute Resolution even if there’s been domestic or family violence. If you’re worried about your safety, steps can be taken to make Family Dispute Resolution safe. You can get get legal adviceACTNSWNTQldSATasVicWA about what is best for you.
See I have experienced domestic and family violence – do I have to go to Family Dispute Resolution?
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For the Family Courts to consider changing a Parenting Order, you need to prove that:
• there has been a significant change in circumstances since the orders were made, and
• changing the orders is in the best interests of the child.
If a Domestic Violence Order is made after Parenting Orders – sometimes the Magistrate in the Domestic Violence Order case can change the Parenting Orders.
You should get legal adviceACTNSWNTQldSATasVicWA about this. Also see can I make arrangements for the children when there’s a Domestic Violence Order.
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- Victoria Legal Aid – How to Change your Family Law Court Order
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