If your circumstances have changed and your current consent orders no longer reflect your situation, you can submit an application to vary consent orders Family Court.

This process allows you to request modifications to parenting or financial orders if both parties agree or if there is a significant reason to seek a change.

The Family Court will consider whether the variation is in the best interests of the child (for parenting orders) or whether financial changes are justified.

What Are Consent Orders?

Consent orders are legally binding agreements approved by the Family Court. They cover parenting arrangements, property settlements, and financial matters following a separation or divorce under family law. Once made, they carry the same legal weight as a court order issued after a trial.

These orders are designed to provide long-term stability, but sometimes, changes in circumstances make them difficult to follow.

In such cases, you may apply to vary the consent orders to ensure they remain practical and fair.

Key Takeaway: Consent orders are legally enforceable, but they can be changed if circumstances require an adjustment.

When Can You Apply to Vary Consent Orders?

You may apply to vary consent orders if:

• There has been a significant change in circumstances – This could include relocation, health issues, or a new work schedule affecting parenting arrangements.
• Both parties agree to the change – If both parents or former partners consent, the process is straightforward.
• The existing orders are no longer workable – If following the current orders is impractical, a variation may be necessary.
• There is a risk to the child’s welfare – The court will prioritise the child’s best interests when assessing any application to vary parenting orders.

Key Takeaway: You can apply to vary consent orders if your situation has changed significantly or if the current orders are no longer practical.

How to Apply to Vary Consent Orders in the Family Court

1. Attempt to Reach an Agreement

Before applying to the court, you should try to reach an agreement with the other party. Mediation or family dispute resolution services can help facilitate discussions. If an agreement is reached, you can apply for new consent orders without needing a court hearing.

2. Prepare the Application

If no agreement is reached, you will need to submit an Application to Vary Consent Orders along with a supporting affidavit outlining the reasons for the change. Your affidavit should provide clear evidence of why the variation is necessary.

3. File the Application

Your application must be lodged with the Family Court or Federal Circuit Court, depending on the complexity of the case. There is usually a filing fee, though exemptions may be available.

4. Court Review and Decision

The court will assess whether the proposed changes are justified. For parenting orders, the child’s best interests will be the primary consideration. If approved, new consent orders will be issued.

Key Takeaway: If both parties agree, the process is simpler, but if there is a dispute, the court will assess the application based on necessity and fairness.

Also read: What’s a Subpoena? A Complete Guide

What Happens If the Other Party Disagrees?

If the other party does not agree to the variation, you may need to attend a court hearing. The court will consider:

• Whether there has been a significant change in circumstances.
• The impact of the variation on the child (if parenting orders are involved).
• Whether the change is necessary for fairness in financial matters.

Legal representation may be beneficial if your case is complex or involves sensitive issues such as child safety.

Key Takeaway: If there is no agreement, the court will decide based on the necessity of the change and its impact on all parties.

Applying to vary consent orders in the Family Court is possible when circumstances change significantly. If both parties agree, the process is straightforward.

If not, the court will assess whether the variation is necessary.

Exploring mediation or negotiation first can be beneficial, but if required, legal action remains an option to ensure fair and practical arrangements.