As Children Grow, Can Parenting Arrangements Change?A Guide for Parents

As children grow from toddlers into teenagers, their routines, needs, and preferences naturally change. For separated parents, an arrangement that worked well when a child was three may no longer suit them at thirteen.

If you live in Australia, parenting arrangements are governed by Federal Family Law, specifically the Family Law Act 1975 (Cth), and are dealt with by the Federal Circuit and Family Court of Australia. Under this law, parenting arrangements can be changed, but the process depends largely on what kind of arrangement is currently in place.

Here is what you need to know about changing parenting arrangements as children get older.

Changing a Parenting Plan

A Parenting Plan is a written agreement made between both parents voluntarily. Because Parenting Plans are flexible and not legally enforceable, they can work well for parents who are able to communicate and adjust arrangements as their children grow.

If both parents agree that a child’s age, routine, or developmental needs mean the arrangement should change, they can update or rewrite the Parenting Plan at any time. If you have been following an informal arrangement successfully but now want it to be legally binding, you can apply to have the terms of that Parenting Plan turned into Consent Orders.

Changing Final Parenting Orders (Consent Orders or Court Orders)

Final Parenting Orders, whether made by a judge or agreed to by the parents as Consent Orders, are legally binding. They are generally intended to stay in place until the child turns 18. 

Final Parenting Orders may be changed if both parents agree to different arrangements. Where there is agreement, the parents can vary the parenting arrangements without the need for contested Court proceedings.

If there is no agreement between the parents, an application must be made to the Court. Courts are usually cautious about changing Final Orders because repeated Court proceedings can create uncertainty and stress for children.

Following the May 2024 amendments to the Family Law Act 1975 (Cth), section 65DAAA, was introduced. This section puts into legislation the long-standing rule from Rice v Asplund. Before a court will consider changing Final Orders, it must first be satisfied that there has been a significant change in circumstances since the orders were made, and that reconsidering the arrangements is in the child’s best interests.

Does a Child Getting Older Count as a “Significant Change”?

A change on its own is not enough to justify revisiting Court Orders. The change must be significant enough to warrant reconsideration. One factor the Court may take into account is whether a substantial period of time has passed since the original Orders were made. Another important consideration is whether the child has matured and is now expressing strong, well‑formed views about where they wish to live or how much time they want to spend with each parent. Other examples of a significant change in circumstances may include one parent seeking to relocate, or changes in the health or wellbeing of a parent or the child. 

How Are an Older Child’s Wishes Taken Into Account?

Under the Family Law Act, the most important consideration is always the child’s best interests. This includes taking into account the child’s views, while also looking at their maturity and level of understanding.

There is no set age at which a child gets to decide where they will live. Instead, the court looks at how mature the child is, how clearly they have expressed their views, and whether those views may have been influenced by one parent. Where an older teenager has a strong understanding of their situation and their views are clear and not improperly influenced, the Court will usually give those views significant weight. However, even with older children, the Court may give their views less weight if the child is vulnerable or appears to be caught up in parental conflict.

For further information or legal advice tailored to your situation, please contact the Family Law team via our website or on (03) 9739 7377.