Parenting arrangements that worked well when you first separated may not suit your family a year or two later. Your child might have started school, one parent may have changed jobs or the weekly routine may have become difficult to manage as the children get older. Sometimes, both parents recognise that an adjustment is needed and can work it out together. In other families, one parent wants to change the arrangement while the other is determined to keep things as they are.
If you have a parenting plan in place, you may be wondering whether you can change it without your former partner’s agreement, particularly if the current arrangement is no longer practical or you have concerns about how it is affecting your child. The answer depends on what type of arrangement you have and whether the proposed change is something you can agree on or need to resolve through the family law system.
Understanding the difference between a parenting plan and a court order is particularly important before making changes to arrangements for your children.
Can One Parent Change a Parenting Plan?
A parenting plan is a written agreement between parents that records arrangements for their children. It can cover where the children live, how much time they spend with each parent, school holidays, changeovers, communication and other decisions relating to their care.
Under Australian family law, a parenting plan is generally an informal agreement rather than a legally enforceable court order. Parents can make a new written parenting plan to change an earlier one, but the new agreement needs to be made by both parents. One parent cannot simply rewrite the existing plan and expect the other parent to be bound by the changes.
This distinction matters when parents disagree. If you want your child to spend more time with you, change the holiday arrangements or alter the weekly routine, you can propose those changes to your former partner, but you cannot force them to accept a new parenting plan. Equally, your former partner cannot unilaterally rewrite the agreement and insist that you follow their preferred arrangements.
If both parents agree to the proposed changes, they can record the revised arrangements in a new written plan that is signed and dated. It is worth being specific about what is changing, when the new arrangements will begin and whether the rest of the existing agreement will remain in place. Clear documentation can help prevent later disagreements about what was actually agreed.
What If Your Former Partner Refuses to Agree?
Disagreements often arise when one parent believes the current arrangements are no longer working while the other sees no reason to change them. You might want to adjust the time your child spends with each parent because of school commitments, sporting activities, travel distances or changes to your work schedule. There may also be concerns about the child’s wellbeing or whether the existing arrangement is meeting their needs.
Where it is safe and appropriate, the first step is usually to explain why you believe a change is needed and what you are proposing instead. A specific proposal is often easier to discuss than a general request to change everything. For example, you might suggest a different changeover time, an adjustment to school holiday arrangements or a revised weekly routine that takes the child’s activities into account.
If direct discussions are not productive, family dispute resolution may help. An independent practitioner can assist both parents to discuss the disagreement and explore possible arrangements without immediately going to court. In most cases, parents need to attempt family dispute resolution before applying for parenting orders, although exceptions apply, including certain circumstances involving family violence, child abuse or urgency.
You do not have to accept an arrangement that you believe is unsafe or unsuitable simply because the other parent insists on it. If there are concerns about family violence, coercion or a child’s safety, seek legal advice about the appropriate next steps rather than assuming mediation or direct negotiation is necessarily the right approach.
What If You Already Have Parenting Orders?
The situation is different if your arrangements are recorded in consent orders or parenting orders made by a court. These are legally enforceable orders, and you should not assume that you can disregard them simply because your circumstances have changed.
Parents can sometimes agree to different practical arrangements, but a new informal agreement does not automatically remove the legal effect of existing orders. Under Australian family law, a subsequent parenting plan can affect the operation of earlier parenting orders in certain circumstances. This is an area where legal advice is particularly important, because the wording of the orders and the circumstances surrounding the proposed change can make a difference.
If you and your former partner agree that the formal arrangements need to change, you may be able to apply for new consent orders. These allow the court to approve the agreed changes and give them legal effect. If you cannot reach agreement, you may need to consider applying to vary the existing orders.
Changing final parenting orders is not simply a matter of asking the court to reconsider an arrangement because one parent would now prefer something different. The court must apply the relevant requirements under the Family Law Act 1975, including the rules governing reconsideration of final parenting orders, and determine what is in the child’s best interests.
Before making a decision about changing an existing order, it is worth having the current documents reviewed so you understand what you are required to do and which options may be available.
Will the Court Agree to Change the Arrangements?
There is no guarantee that a court will approve a proposed change. The outcome depends on the circumstances of the family, the existing arrangements, the reasons for seeking a change and what would best support the child’s safety and wellbeing.
A change in circumstances may provide a reason to reconsider an arrangement, but the court will look at more than whether one parent finds the existing routine inconvenient. Relevant considerations can include the child’s safety, developmental and emotional needs, the practical arrangements available to each parent and any history of family violence or other harm.
For example, a change in working hours might justify discussing a different changeover time, but it does not necessarily mean that a major change to where the child lives is appropriate. A concern about the child’s safety may require a different response altogether. The evidence and circumstances need to be considered rather than assuming that every request for a change will be treated the same way.
It can help to keep records of relevant changes and any attempts to resolve the disagreement. School commitments, medical information, communication between parents and details of practical difficulties may all help explain why you believe the current arrangement needs to be reconsidered. The information that matters will depend on the issue in dispute, so it is sensible to obtain advice before deciding what evidence you need.
Getting Advice Before Changing Your Parenting Arrangements
Changing parenting arrangements can be difficult when communication between parents has broken down, particularly if one person believes the existing plan should remain in place regardless of what has changed. The first step is to establish exactly what agreement or court order you have, what you want to change and whether the issue can be resolved through discussion or family dispute resolution.
Strategic Lawyers can help parents understand their options under Australian family law, whether they are preparing a parenting plan, trying to resolve a disagreement or considering changes to existing parenting orders. You can learn more about our parenting plans and arrangements services and the assistance available for your circumstances.
If your former partner will not agree to a proposed change, or you are unsure whether you can alter your current arrangements, seek legal advice from the team at Strategic Lawyers before taking steps that could create further conflict or affect your position.
