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:

  1. By consent: A consent order is a court order agreed to by both parties; or
  2. 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.

Court Fees

Please refer to the Schedule of Fees for a detailed listing of Court fees.