How to change parenting orders in Australia: agreement first, court only when you must

Can parenting orders be changed?

Yes. Parenting orders are not set in stone, but they are binding until they are changed or the child turns 18. The law balances two goals: children need stability and should not be dragged through repeated litigation, yet orders must be able to adapt when a family's life genuinely changes.

That balance is why there are two very different paths. If both parents agree on new arrangements, the change can be made with relatively little formality. If one parent wants a change and the other does not, the parent seeking the change has to persuade the court that it should reopen the existing orders at all — before it even considers what the new arrangements should be.

It is worth separating three things people often confuse: interim orders (temporary orders made during proceedings, which can be revisited more readily), final orders (the focus of this guide), and parenting plans (written agreements that are not enforceable like orders — see our parenting plans guide).

Changing orders by agreement

When both parents agree, the cleanest option is to file an Application for Consent Orders with the Federal Circuit and Family Court of Australia (or the Family Court of Western Australia in WA) setting out the new arrangements. A registrar checks that the proposed orders are in the children's best interests and, if satisfied, makes them without anyone attending court. Our guide to consent orders walks through the paperwork.

Some parents instead record the change in a signed and dated parenting plan. Depending on how the existing orders are worded, a later parenting plan may vary some arrangements — but a plan cannot be enforced like an order, so if the change is significant or trust is low, new consent orders are the safer choice.

No section 60I certificate is needed to file consent orders. Many parents still use a mediator to reach the agreement, because negotiating directly with a former partner about children is hard, and a neutral process helps both sides land on terms they can live with.

The significant change of circumstances test

Where parents do not agree, the court will not simply rehear the case because one parent is unhappy. For many years this principle came from the 1979 case Rice v Asplund. Since 6 May 2024, it has been written into the Family Law Act 1975 itself (section 65DAAA). Before reconsidering final parenting orders, the court must:

1. consider whether there has been a significant change of circumstances since the orders were made; and
2. be satisfied that, taking into account all the circumstances, it is in the child's best interests for the orders to be reconsidered.

In weighing the second question, the court can consider matters such as the reasons for the original orders, the likely impact of reopening them on the child and the family, and the benefits and risks of a change. Only if it decides to reopen the orders does it move on to the usual best-interests assessment of what the new arrangements should be.

The test is deliberately a hurdle. Applications that are, in substance, a second attempt at the same argument tend to fail early — at real cost to both parents.

Reasons that commonly justify a change

Every case turns on its facts, but these are the kinds of changes that often lead parents — and sometimes the court — to revisit orders:

• Relocation of a parent, making the existing schedule impractical (see our relocation guide).
• A child's developmental stage — orders made for a toddler rarely suit a teenager.
• A child's consistent, mature views about where they live or how often they see each parent (see what age a child can choose).
• Safety concerns, including family violence, substance misuse or neglect.
• Changes in work or health that affect a parent's capacity to care for the child.
• Orders that simply are not working — persistent non-compliance, or a schedule that creates constant conflict at handovers.

Things that usually are not enough on their own: a new partner, minor changes to work hours, or a parent's dissatisfaction with the original outcome.

The process step by step

If you cannot agree, the usual path to varying parenting orders looks like this:

1. Read your current orders and identify exactly which clauses no longer work.
2. Propose the change in writing, calmly and with reasons focused on the children.
3. Attend family dispute resolution. Unless an exemption applies (for example, family violence or urgency), you need a section 60I certificate before filing a parenting application. The Attorney-General's Dept — Family Dispute Resolution explains the requirement.
4. If agreement is reached, file consent orders.
5. If not, file an Initiating Application with supporting affidavit evidence explaining the significant change of circumstances and why a change is in the child's best interests.
6. Court process — case management hearings, possibly a family report, further dispute resolution, and if still unresolved, a final hearing. See our family court process guide.

Costs and timeframes compared

The path you take has a dramatic effect on both cost and time. The figures below are general estimates; filing fees change each financial year, so check the current FCFCOA fee schedule before you file.

Ways to change parenting orders — typical cost and time

Route	Typical timeframe	Indicative cost	Enforceable?
Written parenting plan (agreed)	Days to weeks	Minimal, plus any mediation fees	No — not enforceable like an order
Mediation + consent orders	Around 1–3 months	Mediation fees plus a consent orders filing fee; legal drafting if used	Yes
Contested application, settled before hearing	6–12+ months	Commonly $10,000–$40,000+ per parent in legal costs	Yes
Contested application to final hearing	12–24+ months	Commonly $40,000–$100,000+ per parent	Yes

Indicative ranges only, based on common market estimates; your costs depend on complexity, location and representation. See our guide to the cost of family law matters.

Following orders while you seek a change

Until orders are changed, they must be followed. Stopping handovers or keeping a child because you believe the orders are wrong can amount to a contravention, which the court takes seriously and which can count against you when it later considers a variation.

There are limited exceptions — for example, where a parent has a reasonable excuse, such as genuinely needing to protect a child's health or safety. If you are in that situation, get legal advice immediately and take steps to bring the matter before the court or an appropriate authority.

Keep a factual record of what is and is not working — dates, missed handovers, school reports, communications. A co-parenting app can help (see our guide to the best apps for separated parents). Calm, documented evidence is far more persuasive, in mediation or in court, than a long list of grievances.

How mediation helps vary parenting orders

Most parenting orders that need changing can be changed by agreement, and mediation is how most agreements get made. A skilled family mediator helps both parents focus on what the children need now, test ideas without commitment, and reach terms specific enough to become consent orders. Child custody mediation and co-parenting mediation are both designed for this.

Family lawyers and mediators work together well here: lawyers advise each parent on their position and draft the final orders; mediators provide the structured, neutral space to agree them. Research from the Australian Institute of Family Studies has consistently found that most separated parents sort out arrangements without going to court, and that outcomes reached cooperatively tend to be more durable.

Court has its place, particularly where there are safety risks or one parent will not engage. But for the large majority of families whose orders simply need to catch up with their lives, an agreed variation is the smarter first step.