Final parenting orders sound permanent. The name suggests the matter is closed for good. It is not. Parenting orders can be changed, but how you go about it depends on one thing above all: whether you and the other parent agree.
This post explains when final parenting orders can be changed, what counts as a significant change, what happens when both parents agree, what happens when they do not, and whether you have to go to court to do it.
Can final parenting orders be changed?
Yes. Despite the name, final parenting orders are not locked in until a child turns 18. Children grow, circumstances shift, and arrangements that suited a toddler may not suit a teenager. The law allows orders to be changed, but it does not make it easy by design.
There are two routes. If both parents agree, orders can be changed at any time. If they do not agree, one parent has to convince a court that enough has changed to justify looking at the orders again. The reason for that hurdle is straightforward: putting children through one court case after another is rarely good for them, so settled orders are meant to stay settled unless there is a genuine reason to revisit them. This rule is now written into the Family Law Act 1975 at Section 65DAAA.
What counts as a "significant change"?
There is no checklist in the Act. A significant change is something that genuinely affects the child or the workability of the orders, not a minor or everyday shift, and it has to have happened since the orders were made. Something the court already knew about at the time is not a new change.
Examples that may clear the bar include a parent wanting to move a long way away with the child, a serious change in a child's health, schooling, or safety needs, a parent no longer able to care for the child the way the orders assume, family violence or a risk to the child that was not part of the original picture, or the arrangement breaking down so badly that it no longer functions.
Things that usually do not clear the bar include ordinary disagreements, a child preferring one house, or wanting to fine-tune handover times.
It is easier to see the line with two examples. Say final orders set a week-about arrangement while both parents live in the same town. One parent is later offered work interstate and plans to take the child with them. That is the kind of change a court would look at, because the child would change schools, lose regular contact with the other parent, and the week-about routine could no longer run at all. The move goes to the heart of how the arrangement works, so the threshold is likely met, and the real question becomes what arrangement is now best for the child.
Compare that with a parent who wants to move a Friday changeover an hour later because a new work roster makes the current time awkward. The orders still function much as they did, the child's living and schooling stay the same, and the issue is a scheduling detail rather than a real change in circumstances. A court would be unlikely to reopen final orders for that, and in practice it is the kind of adjustment parents are expected to sort out between themselves or in mediation.
What if we both agree?
This is the simplest path. When both parents agree, there is no threshold to meet and nothing to prove. The Act lets a court reconsider final orders with everyone's consent under Section 65DAAA, so agreement takes the significant-change test out of the picture entirely.
You have two main options. You can write the new arrangement into a parenting plan, which is a signed, dated agreement between you. A parenting plan is flexible and free to make, but it is not a court order, so it cannot be enforced if one of you later stops following it. If you want the new arrangement to be binding, you can ask the court to turn it into consent orders, which carry the same weight as any other parenting order.
Family Dispute Resolution is the usual place to work out the new arrangement before you write it down.
What if we don't agree?
This is where the threshold bites. If the other parent will not agree, you cannot just file for new orders and have a judge start fresh. You first have to satisfy the court of two things: that there has been a significant change in circumstances since the orders were made, and that reconsidering them is in the child's best interests.
The best-interests part is judged against the factors in Section 60CC of the Family Law Act 1975. If you cannot show a significant change, the court will usually decline to reopen the orders at all, and the existing orders stay in place.
So a disagreement does two things at once: it sends the question to court, and it raises the bar you have to clear to get there.
Do we have to go to court?
Usually you have to try mediation first. An application to change parenting orders is a parenting application under the Family Law Act 1975, so it triggers the Section 60I requirement to make a genuine effort at Family Dispute Resolution before you can file.
The court will not accept the application unless you provide a valid Section 60I certificate from an accredited Family Dispute Resolution Practitioner, or the court grants an exemption. Exemptions are limited and decided on the facts, covering situations such as family violence or a risk to the child, urgency, or a parent who cannot take part effectively.
For many families, mediation is the faster and less damaging route in any case. If you reach agreement, you avoid the threshold fight entirely, because changes by consent do not have to clear the significant-change test.
In Family Dispute Resolution, the practitioner assigned to your matter does not take sides or put forward a solution. They help each parent shape and reality-check their own proposals, and test how those would work for both households and for the children. An agreement reached this way can be written up as a parenting plan or, if you need it to be enforceable, turned into consent orders.
A change that no longer fits feels like grounds to head straight to court. Usually it is not. The first move is a genuine attempt to agree, and court is there for when agreement is not possible and something significant really has changed.
Common questions
Can you change final parenting orders in Australia?
Yes. Final parenting orders are not permanent. If both parents agree, they can be changed at any time through a parenting plan or consent orders. If they do not agree, a parent has to satisfy a court that there has been a significant change in circumstances since the orders were made, and that reconsidering them is in the child's best interests under Section 60CC of the Family Law Act 1975.
What is a significant change in circumstances?
There is no fixed list in the Act. It means something that genuinely affects the child or makes the current orders unworkable, such as a planned relocation, a serious change in the child's health or safety, a parent becoming unable to care for the child, or the arrangement breaking down. Minor or everyday disagreements usually do not qualify. The change must also have happened since the orders were made.
Can we change parenting orders without going to court?
Yes. If both parents agree, you do not need a court to start with. You can record the new arrangement in a parenting plan, which is flexible but not enforceable, or make it binding by asking the court to issue consent orders. Family Dispute Resolution is the usual way to reach that agreement.
Do I need mediation before changing parenting orders?
Usually yes. An application to change parenting orders is a parenting application, so Section 60I of the Family Law Act 1975 requires a genuine effort at Family Dispute Resolution first. You generally need a Section 60I certificate from an accredited practitioner before a court will accept the application, unless an exemption applies, for example family violence, risk to a child, or urgency.
What if the other parent won't agree?
You would need to apply to the court, but the orders are not reopened automatically. You have to show the court there has been a significant change in circumstances since the orders were made, and that reconsidering them is in the child's best interests. If you cannot show a significant change, the existing orders usually stay in place.
Can a child's wishes change parenting orders?
Not on their own. A child wanting different arrangements is one factor a court can weigh, and more weight is usually given as a child gets older, but a child's preference by itself is not treated as a significant change in circumstances. It would need to sit alongside other reasons before a court would reopen final orders.
This article is general information only and was correct to the best of our knowledge at the time of writing. It is not legal, tax, or financial advice and does not take account of your personal situation. The law changes, some measures mentioned may be proposals that are not yet in force, and fees and figures can change over time, so check anything that matters and get advice for your own circumstances from a family lawyer, an accredited Family Dispute Resolution Practitioner, or a qualified tax or financial professional before acting. If you or someone else is in immediate danger, call 000. For confidential support with family violence or concerns about a child's safety, contact 1800RESPECT on 1800 737 732.