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On 6 May 2024, changes to the Family Law Act 1975 (Cth) commenced, including the new section 65DAAA which codifies pre-existing case law setting out when a final parenting order can be reconsidered.

Essentially, the legislation stipulates the court must not reconsider a final parenting order unless:

(a) the court has considered whether there has been a significant change of circumstances since the final parenting order was made; and

(b) the court is satisfied that, in all the circumstances (and taking into account whether there has been a significant change of circumstances since the final parenting order was made), it is in the best interests of the child for the final parenting order to be reconsidered.

For the purposes of (b), the court may consider, amongst other general considerations related to the best interests of the children, any matters the court considers relevant, including:

(a) the reasons for the final (original) parenting order and the material on which it was based;

(b) whether there is any material available that was not available to the court that made the final parenting order;

(c) the likelihood that, if the final parenting order is reconsidered, the court will make a new parenting order that affects the operation of the final parenting order in a significant way (whether by varying, discharging or suspending the final parenting order, in whole or in part, or in some other way);

• any potential benefit, or detriment, to the child that might result from reconsidering the final parenting order.

You of course do not have to rush to court to have final orders changed. If you and your child/ren’s other parent agree, you can sign draft consent orders which the court can make into orders once lodged and considered, or alternatively, enter a parenting plan in circumstances where your final parenting orders allow a later parenting plan to change the order. We note however, that parenting plans are not enforceable.

For advice and assistance with changing your existing parenting order or for advice if you face a request by the other parent to change Final Orders, feel free to contact our firm on (03) 9500 2299 to book an appointment with one of our solicitors.