Changing an Agreement or Order
Can we change the court order?
You can change the court order if you both agree to the changes. You can do this by a consent order, which is when everyone agrees to what the changes will be, and you apply to change the order together.
If you don’t agree on what changes should be made, then you can make an application to change the parenting order. This is called an application to vary the parenting order.
Whether or not the judge will change the order depends on if the judge thinks that the circumstances have changed since the original order, and if the requested change is in the best interests of the children.
Can we change the parenting agreement?
You can only change the agreement if the other guardian agrees to the change. If the other guardian won’t agree to a change, then you should look to see what your parenting plan said you would do if you couldn’t agree. If the parenting plan says that you would try to resolve your conflict through mediation, then you should try mediation. If you and the other guardian cannot work things out, then you can make an application for a parenting order.
Can we change a court order informally?
If you have a court order, then it is not a good idea to informally change that order. If you want to make changes to the order and you both agree on those changes, then you should make a consent order. If you don’t follow the court order, and instead come up with a new agreement, you can’t enforce that agreement in court.
If you don’t follow the court order, and instead come up with a new agreement, you can’t enforce that agreement in court.