I want to change my parenting orders and they were only made a few months ago

October 29, 20241 min read

A lot can happen in a few months and the legal landscape has changed as well for this type of case. For a long time the rule in Rice and Asplund applied. That is, the Court must first find a significant change in circumstances.

The new section 65DAAA of the Family Law Act now applies. The Court has only to consider whether circumstances have changed significantly since the parenting order was made and be satisfied that it is in the best interests of the child for the final parenting order to be reconsidered.

How does Spouse Maintenance fit in with separation and property division?

Should a party apply for spouse maintenance as well as property settlement?

For spouse maintenance a party must demonstrate he or she needs assistance from the other party and that the other party has capacity to pay. A party who has had a property settlement probably will not be able to show need. A component of the property settlement is sometimes characterised as spouse maintenance to avoid a subsequent claim. Where a party may seek both is if he or she is in dire straits whilst awaiting a property settlement and needs support in the interim.

You should seek advice tailored to your situation if you are concerned about your entitlement.

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