Already have a parenting order, but things have changed? You might be able to apply to the court to have it changed—also known as “varying” a parenting order.

This guide explains when and how you can do that, using plain English and practical examples.

Can You Just Ask the Court to Change It?

Not automatically. Courts don’t allow changes to parenting orders just because someone isn’t happy.

You’ll need to show there’s been a significant change in circumstances since the order was made.

What Counts as a “Significant Change”?

Some examples of changes that may justify a new parenting order include:

• One parent is relocating far away

• The child has developed new health or emotional needs

• One parent’s behaviour has changed (e.g., family violence, drug or alcohol abuse)

• The child now has strong views about the arrangements

• One parent repeatedly breaches the current order

Example:
Ben and Lara had a parenting order giving Ben every second weekend. Two years later, Ben moved three hours away and stopped turning up. Lara applied to vary the order so her child wouldn’t have to wait around or feel disappointed each fortnight.

Step-by-Step: How to Apply for a Variation

1. Try Mediation First
   Just like when creating a parenting order, the court expects you to attempt Family Dispute Resolution (mediation) first—unless there’s risk of violence or abuse.

2. Get a Section 60I Certificate
   If mediation fails or isn’t appropriate, you’ll need a certificate to apply to court.

3. Apply Through the Family Court
   Use the Federal Circuit and Family Court of Australia (FCFCOA) to file a new application. You’ll need to show:

• The original order is no longer workable or safe

• What’s changed and why a new order is in the child’s best interest

4. Attend Court Hearings
   The court will review your application and the other parent’s response. You may be asked to provide new evidence (like school reports, medical letters, or a family report).

Real-Life Example

Sophia and Adrian had an order made when their daughter Mia was 6. Now 14, Mia wanted to live mostly with Adrian to be closer to school and friends. The court considered her age and maturity, and agreed to vary the order.

Things to Keep in Mind

• The child’s best interests always come first.

• The court won’t reopen the case unless there’s solid evidence that something important has changed.

• It’s not about “who’s right”—it’s about what works best for the child now.