Changing final Family Court orders
When making parenting orders, including consent orders, the Family Court expects everyone involved in the case to follow the arrangements.
You must do everything a parenting order says as they are binding court orders. This means taking all reasonable steps to follow the order. There can be serious consequences for breaching court orders or helping someone else to breach them.
However, the needs and circumstances of children, parents and families can and often do change. Final parenting orders can be changed if the circumstances require it. To ensure that children (and their parents) are not subject to endless litigation, before a party can seek to set aside or vary final parenting orders, they must first prove that there has been a sufficient change in circumstances to warrant changing the orders.
What should I do if I want to change my orders?
If you want to change your parenting orders, the first thing you need to do (as long as it is safe to do so, and as long as it does not breach a family violence restraining order) is to contact the other party (or parties) to propose the change/s, and to see if they will agree to your proposal. If you or the other party have a lawyer, you can communicate through lawyers rather than directly with each other.
If you and the other party need some extra help communicating about proposed changes to the parenting arrangements, you can attend Family Dispute Resolution.
What if we both agree to change our orders?
If you are in agreement about changing your orders, you and the other party can prepare a Form 11 Application for Consent Orders and lodge the application online via the eCourts Portal. As long as the court deems the new proposed orders to be in the best interests of your child, the new consent orders will override the previous orders. Neither party needs to appear in court when lodging consent orders.
Alternatively, you can enter into a parenting plan.
You should get legal advice about whether new consent orders or a parenting plan better suit your circumstances.
How do I apply to the Family Court to change my court orders if the other party doesn’t agree?
To change existing parenting orders, you need to show that there has been a significant change of circumstances and it is in the child’s best interests to change the orders.
Before you can apply to the court, you will need to attend Family Dispute Resolution and obtain a certificate. Once you have your certificate from Family Dispute Resolution, you can file an application with the Family Court.
You may be eligible to apply direct to court under an exemption without the need for a Family Dispute Resolution certificate if:
- there has been child abuse or family violence, or there is a risk of child abuse or family violence,
- a party is unable to participate effectively in family dispute resolution due to, for example:
- an incapacity to participate, or
- physical remoteness from a family dispute resolution provider;
- your matter is urgent, or
- your application relates to a contravention of an order made within the last 12 months, and you are alleging behaviour that shows a serious disregard of obligations under the order.
If the circumstances are urgent or you think you would qualify for an exemption to family dispute resolution, you should get legal advice.
We have a duty lawyer service located at the Family Court of WA in Perth, called Family Court Services (FCS). This is a free service available Monday to Friday from 9 am to 4 pm. The duty lawyer may be able to help with urgent family law problems - for example, if a child has been taken from their carer and a recovery order is needed.
More information
Family Court of WA
Family Relationships Online
Reviewed: 20 May 2025