FAMILY DIVISION
Court Orders
What is a Court Order?
A Court Order is a decision by a judge which
instructs a person to do or refrain from doing something.
When an order is made, each person bound by the
order must follow it.
Some examples of court orders which may be made
in family law proceedings include:
- Custody Order
- Child Support Order
- Spousal Support Order
- Divorce Order
When can you apply for orders?
Generally, you should only apply to the Courts
after other attempts have not helped you reach agreement; such as negotiation or
mediation. The requirements for what you must do before you apply to a court and
the type of application depend on what your disagreement is about.
How can I change my current court order?
The process for changing an order or agreement
depends on its type, and whether you and the other parent are in agreement about
the proposed change.
A court order can normally be varied:
- By consent: A consent order is a court order
agreed to by both parties; or
- By application to Court: When the parties do
not agree on the variation, an application can be made through Court to
settle the issue. This application is usually brought in the same level of
court that originally issued the court order (but there are some exceptions
to this).
It is strongly recommend that you get legal
advice before you make any changes to your current order or ask for a new one.
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