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Life events may require you to change your existing parenting orders. When this happens it's of vital importance you make sure its completed correctly. Changing parenting orders can happen where both parents agree or where there is disagreement between the parties.
Speak to our family law team today about how you would like to change your existing parenting orders, or if you have recieved a request to change the orders and you need some advice they can assist you throughout the process and ensure you gain the best possible result.
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Our team of lawyers practicing exclusively in family law can help.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with a specialist lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
Good advice on changing parenting orders
Understand your rights properly before you proceed to change orders.
Lawyers with child custody experience
Meet with lawyers who have successfully varied orders for their clients.
Changing Parenting Orders
Parenting orders can be varied with the agreement of both parents by making subsequent Parenting plans.
Sometimes court orders specify that they cannot be altered by a parenting plan. In that case, you would need to file a form 11 Application for consent orders with the court to have the orders changed.
If the other parent does not agree to the changes, you will need to file an application in the Family Court to have the orders changed. The court will only change the orders if it is satisfied there has been a significant change in circumstances since the original orders were made.
Reasons to change
Sometimes the needs or circumstances of yourself put you in a position where you cannot follow the order. This does not stop the parenting order and it remains in force until a new parenting order changes it in some way.
New matters may arise in relation to the health of the children; moving interstate or international; or the orders are simply no longer practical.
Process to change
The first step will be to speak to your partner about the new issues that have arisen that require the parenting orders to change.
When you and your spouse cannot agree as to any changes to the care arrangements it is advisable to participation in Family Dispute Resolution (FDR) with your spouse.
A court will require a certificate from an accredited family dispute resolution practitioner before an application for changing parenting orders can be filed with the court. Pre-action procedures are a requirement except in circumstances where there is family violence, child abuse or urgency
Good advice on changing parenting orders
Understand your rights properly before you proceed to change orders.
Lawyers with child custody experience
Meet with lawyers who have successfully varied orders for their clients.
There are a number of defences that might be applicable to a common assault charge. Some defences may be more obvious than others, deciding if any of the defences listed below would apply to your case and be accepted in court should it reach a trial should only be considered after gaining proper common assault legal advice. It's important to remember should you attempt to use a defence that does not properly apply you could face a conviction that you may otherwise not have.
If we can prove one of these defences together
Accident
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Consent
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Provocation
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Insanity
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Duress
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Emergency
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Self Defence
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Identification
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Lawful authority
Lorem ipsum dolor sit amet, consectetur adipisicing elit. Delectus minima atque mollitia. Modi tempora cum fuga? Fugiat harum nemo expedita assumenda necessitatibus, similique qui repudiandae quibusdam quidem, dignissimos cumque soluta.
Good advice on changing parenting orders
Understand your rights properly before you proceed to change orders.
Lawyers with child custody experience
Meet with lawyers who have successfully varied orders for their clients.
Our process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with a specialist lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
Good advice on changing parenting orders
Understand your rights properly before you proceed to change orders.
Lawyers with child custody experience
Meet with lawyers who have successfully varied orders for their clients.
CHANGING ORDERS
There are a number of defences that might be applicable to a common assault charge. Some defences may be more obvious than others, deciding if any of the defences listed below would apply to your case and be accepted in court should it reach a trial should only be considered after gaining proper common assault legal advice. It's important to remember should you attempt to use a defence that does not properly apply you could face a conviction that you may otherwise not have.
Changing parenting orders
Parenting orders can be varied with the agreement of both parents by making subsequent Parenting plans.
Sometimes court orders specify that they cannot be altered by a parenting plan. In that case, you would need to file a form 11 Application for consent orders with the court to have the orders changed.
If the other parent does not agree to the changes, you will need to file an application in the Family Court to have the orders changed. The court will only change the orders if it is satisfied there has been a significant change in circumstances since the original orders were made.
Reasons to change
Sometimes the needs or circumstances of yourself put you in a position where you cannot follow the order. This does not stop the parenting order and it remains in force until a new parenting order changes it in some way.
New matters may arise in relation to the health of the children; moving interstate or international; or the orders are simply no longer practical.
Process to change
The first step will be to speak to your partner about the new issues that have arisen that require the parenting orders to change.
When you and your spouse cannot agree as to any changes to the care arrangements it is advisable to participation in Family Dispute Resolution (FDR) with your spouse.
A court will require a certificate from an accredited family dispute resolution practitioner before an application for changing parenting orders can be filed with the court. Pre-action procedures are a requirement except in circumstances where there is family violence, child abuse or urgency
Good advice on changing parenting orders
Understand your rights properly before you proceed to change orders.
Lawyers with child custody experience
Meet with lawyers who have successfully varied orders for their clients.
We're sure you will have lots of questions about changing parenting orders.
Some of the most popular ones past clients ask are listed below.
Are requests from the children taken into consideration?
A court will never be bound by the wishes of children in making its decision and those wishes are not usually of substantial influence until children reach an age of approximately 12 years. After approximately 12 years the court starts to take more notice of such wishes.
After the age of 16 years, the court recognises that there is a practical difficulty in making orders that are not reflective of children's wishes because it becomes difficult for parents to enforce court orders that are strongly against the wishes of children of that age.
My partners suggesting unreasonable changes, can I say no?
If you want to resolve a disagreement about a parenting order, without changing the order or going to court, community-based family dispute resolution can help you and the other party work through your disagreement. Resolving issues this way is less formal than going to Court and should cost less in money, time and emotions.
If an agreement cannot be reached, you may consider filing a Court application.
What happens if I do not follow the parenting orders?
If you do not follow your parenting orders the other parent might file a contravention or enforcement application with the court saying that you have breached or broken the parenting orders.
Get the best possible outcome with our team.
Some recent outcomes are below.
Outstanding Trial Result – Perth Man
After trial in the Family Court of WA, Perth man who was a 66 year old man retained an overall percentage division of 90%. His former wife, a 44 year old woman retained 10%. This was a short marriage with no children of the marriage. There were few non-financial contributions, if any. Perth man made the overwhelming financial contributions in this marriage, both initially and during the marriage.
Negotiation Master Class – Perth Woman
After negotiations and an informal conference, a 49 year old woman, obtained her desired outcome from a 7 year defacto relationship with a 48 year old man. She made the majority of the homemaker and nonfinancial contributions throughout the relationship, and there were no children. Legal costs were kept to a minimum throughout these negotiations.
Agreement Made – Perth Woman
After negotiations, the parties reached an agreement and Perth man, a 56 year old women retained 71% of the asset pool. Perth man was married to the husband, a 49 year old man, for 29 years. There were 2 children of the marriage, both over 18 years. Perth man had severe health issues which impacted on her ability to work and the husband was on a high income.
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