Difference between revisions of "Changing Family Law Orders and Agreements Involving Children"

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*the party's time with the child is proving harmful to the child's mental or physical health and welfare.
*the party's time with the child is proving harmful to the child's mental or physical health and welfare.


Where there are allegations involving mental health issues, parenting capacity or the children's wishes, it is often essential to have a psychologist or psychiatrist provide a report which supports the allegations. Section 15 reports are discussed in more detail in the chapter Children > Custody in the discussion about the factors involved in making a custody order.
Where there are allegations involving mental health issues, parenting capacity or the children's wishes, it is often essential to have a psychologist or psychiatrist provide a report which supports the allegations. Reports are discussed in more detail in the section on [[Children in Family Law Matters#Reports and assessments | reports and assessments under the chapter page Children in Family Law Matters]] and discussion about the factors involved in making a custody awards on the [[Custody and Access]] page.


===Increasing Time with a Child===
===Increasing time with a child===


Of course, parenting schedules can also be changed to increase the amount of time a person has with a child. Circumstances where this has happened include where :
Of course, parenting schedules can also be changed to increase the amount of time a person has with a child. Circumstances where this has happened include where :


#a party was interfering with the child's relationship with the other party, so that more time was required to restore the relationship;
*A party was interfering with the child's relationship with the other party, so that more time was required to restore the relationship.
#a party was interfering with and unreasonably limiting the time provided to the other person in an order or agreement;
*A party was interfering with and unreasonably limiting the time provided to the other person in an order or agreement.
#a child is older and able to spend more time away from a parent; and,
*A child is older and able to spend more time away from a parent.
#a child over the age of eleven or twelve or so has expressed a wish to see more of the other person.
*A child over the age of eleven or twelve or so has expressed a wish to see more of the other person.


These are just a few of the circumstances in which a person's time with the child can be increased from the amount given in an order or agreement. As long as there has been a change in circumstances since the order or agreement was made and the increased time is in the children's best interests, access arrangements should be adjusted.
These are just a few of the circumstances in which a person's time with the child can be increased from the amount given in an order or agreement. As long as there has been a change in circumstances since the order or agreement was made and the increased time is in the children's best interests, access arrangements should be adjusted.


==Relocating With or Without a Child==
==Relocating with or without a child==


It sometimes happens that a parent who has the children for most of the time, whether because of a court order or a separation agreement, wants to move out of town. The parent who wants to move generally wants to move because:
It sometimes happens that a parent who has the children for most of the time, whether because of a court order or a separation agreement, wants to move out of town. The parent who wants to move generally wants to move because:

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