While no two families are the same, navigating a complex parenting arrangement depends on clear evidence, expert guidance and a commitment to securing an outcome that prioritises the safety of your children. This case study highlights how Senior Associate Dominique Markwort and the Seton Family Lawyers team achieved a successful outcome for their client, who was navigating a court-ordered parenting arrangement dispute.
The case
Previously, Dominique represented a mother in parenting proceedings before the court. At that time, the court issued final orders on an undefended basis, determining that the child should live with the mother. As part of this decision, the father was granted time with the child, but only at the mother’s discretion.
Two years later, the father filed an application under section 65DAAA of the Family Law Act 1975 (Cth), seeking for the orders to be varied.
The process
Parenting matters operate on the principle that once final orders are given, they shouldn’t be easily reopened or revised. To change existing orders, a party must provide evidence of a significant change in circumstances.
As part of his court application, the father cited improvement in his mental health and his abstinence from alcohol use as a significant change in circumstances. This matter proceeded to an interim hearing before a Senior Judicial Registrar, who found the father’s changed circumstances were enough to warrant a review of the parenting arrangement.
The mother immediately filed a review application, and the matter was listed before a Judge for a hearing de novo. In clear terms, this means that the Judge will review all the evidence as if the case hadn’t been heard before.
“Success in the courtroom is rarely about who speaks the loudest. Instead, it’s about who has the most reliable evidence. This means preparation is key. By providing the court with detailed documentation, such as a specific chronology of events and supporting factual documents, you ensure that an accurate picture of the family history is shown before the Judge. If you don’t let the Judge know the transparent facts and provide clear, non-emotive evidence, you could risk receiving orders that aren’t favourable to your family situation. A high level of preparedness demonstrates to the court a commitment and level of responsibility that could lead to a favourable outcome for you and your child.” – Dominique Markwort, Senior Associate
Our team’s careful preparation, including meticulously sourced and curated documents, ensured the court was presented with a balanced and accurate family history, regardless of the outcome.
The outcome
Ultimately, the Judge made orders in favour of the mother. Her Honour dismissed the father’s application, finding there hadn’t been a significant enough change in circumstances to warrant the court reconsidering the parenting orders. Our client’s patience and dedication to helping us prepare accurate information ensured the most favourable outcome was reached, and the child was protected from risks to their safety.
Support with navigating parenting arrangements
At Seton Family Lawyers, our mission is to give you the security, certainty and independence to better your future. If you need help navigating a parenting arrangement or a parenting dispute, contact us today and let our experienced team guide you.
The above is not intended as legal advice, and we suggest you contact your trusted family lawyer and obtain legal advice in relation to your circumstances or matter.
