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Varying Family Law Orders & Agreements in Melbourne

Are you considering seeking to vary a family law parenting order or agreement? Whether due to changed circumstances or non-compliance, it’s vital to understand the process and get expert advice. Shamac Lawyers can guide you through varying an order, explain the court’s considerations, and protect your interests and your children’s.
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What Is A Family Law Parenting Order?

A family law parenting order is a legally binding document that sets out the arrangements for the care and welfare of a child. These orders are typically made by the court and can cover a range of issues, including parental responsibility, parenting time, and other matters related to the child’s care and welfare.

When Can You Seek to Vary a Family Law Parenting Order?

There are a variety of circumstances in which you may wish to seek to vary a family law parenting order, such as:
  • Your circumstances have changed since the original order was made, such as a change in employment or living arrangements.
  • The other party is not complying with the existing order, such as failing to turn up for scheduled parenting time.
  • The existing order is no longer in the best interests of the child, such as if the child’s needs or circumstances have changed.
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Varying a Parenting Order by Agreement

If both parties are able to reach an agreement, it is possible to vary a parenting order without the need for court proceedings. In such cases, it is important to seek expert legal advice to ensure that the agreement is legally binding and in the best interests of the child.

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Varying a Parenting Order through an Appropriate Court Order

If an agreement cannot be reached, it may be necessary to seek a court order to vary the existing parenting order. This can be a complex and time-consuming process, and it is important to have expert legal representation on your side to ensure the best possible outcome for you and your children.

There are two main ways to seek to vary a family law parenting order: by agreement, or through an appropriate court order.

How Can You Seek To Vary A Family Law Parenting Order?​

What Factors Does the Court Consider When Varying a Parenting Order?

When considering a variation of a parenting order, the court will consider the best interests of the child as the paramount consideration. The court will take into account a range of factors, including:
Child’s Age, Health, and Wellbeing
The court considers the child’s stage of development, overall health, and emotional stability to ensure any changes will support their growth and welfare.
Family Relationships
The court considers the child’s bonds with parents, siblings, and other family members, and how a variation may strengthen or disrupt these connections.
Risks to the Child’s Safety or Wellbeing
Any potential harm, including exposure to violence, neglect, or unsafe environments, is taken seriously and can significantly influence the court’s decision.
Parental Capacity
The court assesses each parent’s ability to meet the child’s needs, including physical care, emotional support, education, and daily stability.

Your Trusted Partner in Parenting Order Variations

Varying a family law parenting order can be a complex and emotional process, and we understand the stress this can cause. That’s why our team of experienced family lawyers offers expert representation and clear, practical advice to help you navigate every step.

We will assess your circumstances, explain your legal rights and options, and work towards the best possible outcome for you and your children. With our guidance, you can have peace of mind knowing your case is in capable hands.

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How We Can Assist You

Legal Advice And Representation
We provide expert legal advice and representation to help you navigate the process of varying a family law parenting order. We will assess your circumstances and provide you with a clear understanding of your legal rights and options. We can assist you in negotiating an agreement with the other party, or we can represent you in court proceedings to seek a variation of the existing order.
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Mediation
We can assist you in resolving disputes through mediation, a voluntary and confidential process in which an independent third party assists the parties to reach an agreement. Mediation is often a faster and more cost-effective way to resolve disputes than court proceedings, and it can help to maintain a positive relationship between the parties.
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Child Inclusive Mediation
We work with a child-inclusive mediator. This process involves a qualified child consultant meeting with the children to gather their views and preferences, which can then be taken into account when negotiating a new parenting order.
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Parenting Plans
We can assist you in drafting a parenting plan, which is a written agreement between the parties that sets out the arrangements for the care and welfare of the child. A parenting plan can cover a range of issues, including the child’s living arrangements, schooling, and medical care, and can be used as evidence in court proceedings.
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Expert Representation In Court Proceedings
If court proceedings are necessary, we can provide expert representation to ensure the best possible outcome for you and your children. Our team of experienced family lawyers has extensive experience in appearing before the Family Court and the Federal Circuit Court, and we can provide you with clear and practical advice throughout the process.
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