Can You Change Final Parenting Orders? What Parents Need to Know.
Family Law: 05 March 2026
Author: Julia Popa - Our People
Final parenting orders provide certainty - but circumstances can shift. Relocation, safety concerns, or a child’s changing needs can make once effective orders unworkable.
Most people feel a sense of relief when final parenting orders are received. The orders are in place, and all that uncertainty is gone forever. Or so it seems.
The unfortunate reality for some parents is that while final parenting orders may have been effective in the past, over time they may become unworkable. For example, one parent may have moved further away, a new work schedule conflicts with the current orders, or a child has made it very clear that they no longer wish to spend time with one of their parents.
While these scenarios may be inconvenient, the Family Law Act 1975 (Cth) (“the Act”) is structured so that final parenting orders are not easily amended once sealed by the Federal Circuit and Family Court of Australia (“the Court”). If all parents were able to amend final orders whenever an inconvenience arises, the Court system would be even more inundated than it already is, and (more importantly), this could create disruptions to the stability of the children affected by those orders.
Significant Change in Circumstances
When Can Parenting Orders Be Changed?
In order to amend final parenting orders, it is necessary to prove that there has been a significant change in circumstances since those final orders were made. This includes:
- A parent relocating a significant (and unworkable) distance;
- Safety concerns, such as a risk posed by a parent; or
- Changes in the needs of a child due to the child’s age, health and education.
The reality is that a change in circumstances that is merely inconvenient is not usually enough to meet this threshold.
A functional co-parenting relationship relies on parents being able to work together through mild annoyances to ensure the children’s stability. It is only when the final parenting orders become truly unworkable in practice that a change is warranted.
How to Change Parenting Orders by Agreement
In some cases, parents may agree that final parenting orders are no longer workable. In such instances and often with the assistance of their lawyers, they can negotiate and reach a new agreement that better reflects the reality of their family’s circumstances. This application to amend a parenting order is known as a consent order. When this has been drafted, an application for consent orders is lodged with the Court. This application also includes an order specifically discharging the previous final orders and the entry of the new orders.
Where both parties agree to the amendments, the application can be expedited with the help of family lawyers.
Where there is no agreement: proceeding to Family Court
Applying to the Court Under Section 65DAAA
Where there has been a significant change in circumstances and the other party does not agree to changing the final parenting orders, a parent can apply to the Court for an amendment to the orders pursuant to section 65DAAA of the Act.
Such an application must specifically outline the changes to the final parenting orders being sought, and it must be accompanied by an affidavit sworn by the applying parent, detailing the significant change of circumstances. The affidavit should detail previous circumstances that have demonstrated how the final parenting orders are no longer workable.
In assessing this application, the Court will take into consideration the reasons for the original final parenting orders, information considered when making those orders, as well as whether new information has become available which was not known when the original final orders were made.
However, it must be noted that when considering this application, the Court will consider whether any of the changes being sought are in the best interests of the children involved, including an assessment of:
- The wishes of the child, and any views expressed by the child, if they are of sufficient maturity and age;
- The developmental, psychological, emotional, and cultural needs of the child;
- The ability of each parent to provide for the needs of the child; and
- Anything else that the Court may consider relevant to this assessment.
As can be noted, it is a very detailed assessment that must be made by the Court when considering this application, and it is imperative to engage a competent family law solicitor to ensure that the application has every chance of success.
Remember, this is not an easy process, and an application without enough evidence and substance will likely see the Court refuse any changes to the final parenting orders.
How does this differ from a Contravention Application?
As discussed above, making a section 65DAAA application is warranted where there has been a significant change of circumstances that makes the final parenting orders no longer workable or not in the best interests of the children. This application seeks to amend or set aside existing parenting orders.
On the other hand, a parent might choose to make a contravention application where they believe that the other parent has failed to comply (or breached) the final parenting orders. The purpose of making a contravention application is to impose a punishment on the non-compliant parent in an attempt to ensure compliance, such as a fine or a good behaviour bond. This application does not seek to amend or set aside any parenting orders.
In this context, it is important to first identify what you are seeking to achieve:
- If you believe that the final parenting orders are no longer workable due to a significant change in circumstances, then you should make a section 65DAAA application to the Court seeking to amend these orders to reflect these changes; or
- If you are seeking compliance with final parenting orders due to a breach (or breaches) by the other parent, but are not necessarily looking to amend those orders, then you should pursue a contravention application.
Based on the differences between these applications and what these applications are seeking to achieve, it is important that you obtain legal advice specific to your circumstances to ensure that you are taking the appropriate legal pathway.
Next Steps: What to Do If Your Parenting Orders Aren’t Working
If you are having difficulties with the workability of your final parenting orders, we can assist you with specific advice on what pathways are available to you, including the viability of amending the parenting orders.
Please call our office on 03 8600 6000 and speak with one of our highly qualified and experienced family lawyers.