Variation of Orders

Variation of Orders  

What is a Variation Order?

An application can be made by any party to the Child Arrangement Order to vary the terms of the Order if required in the best interest of the child, an example being changing the residence of the child.

Parties can attempt to vary the Order by consent if all parties to the order agree to the same. If however, this is not the case and there is a dispute in relation to the variation of the Order then an application will need to be filed with the Court.

The paramount consideration of the Court when considering these applications will be the best interest of the chid.

What reasons can be provided for a variation of the Order?

Acceptable reasons that can be put forward by a party to vary the Court Order could include but is not limited to:

• The parent or caregiver with custody is struggling to comply with the terms of the order
• The parent or caregiver is moving location and residence
• The parent or caregiver  has a new work commitment that conflicts with the Order
• The child may no longer want to reside with the parent/ caregiver or have contact with the non-resident parent/ caregiver.

How do I apply to vary the Order?

The application process to vary a Court Order is the same as when an individual makes an application for an initial court Order. Parties are required to engage with the mediation process unless they are exempt from the same.

How can Duncan Lewis Solicitors help you?

Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates of a legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.