how to change an existing parenting order issued by the court
The Family Law Act made a clear position in the reinforcement and encouragement of Parental Responsibility in the rearing and support of a child. Even if the parents relationship changes, Parental Responsibility will remain a constant obligation for them. It includes all the duties, powers, obligation, responsibility and authority imposed by law that any parent will have in relation to their child.
In case of family dispute and the parties failed to make an arrangement for the support and rearing of their child, the Court may intervene and issue a Parenting Order. This Order will direct the parties on what will be their arrangement for the development and growth of their child including financial support, care and other necessary things to ensure that the best interest of their child is taken into consideration.
Even though a Parenting Order is issued by the Court, still any party may put his objection thereto and apply to the Court to change some of its terms. The court may issue a new parenting order based on this application with the consent of all the parties concerned. However it must be shown that the best interest of the child is primary concern of the changes in the Parenting Order and not for the convenience of the Parents.
The Applicant or Petitioner who applies for the variation or amendment to the Parenting Order must show that there is an error in the Order that can be detrimental to the Child’s general welfare. A Parenting Order giving the Mother the right to take the child into her new home can be changed if it is found out that the new home is not conducive to the growth of the child.
The Applicant can also show that, while the said Parenting Order is being enforced, certain circumstances have changed which will put the child’s best interest into a great disadvantage. For example, while a Parenting Order extends a 2 days visitation rights to the father of the child, the father of the child regressed into alcohol. The mother of the child may ask the Court to change the Parenting Order to a remove the visitation rights of the father due to the potential bad influence his alcoholism may bring to the child.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.