Wednesday, April 22, 2009

Can a court ordered Custody Arrangement be changed?

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If a custody agreement has been reached and approved by a court, then it can be altered. However, there would have to be some interaction with the court in order to make this alteration. Because of the age of this order, there would certainly be a good case for getting it reviewed. In terms of reducing legal expense for you, you may wish to try applying for legal aid, or possible entering into a no-win, no fee arrangement with your legal representative. I can refer you to the Victorian legal aid service if you like.

If it is possible to obtain the consent of the other party to the parenting order (this is the new name for a custody order) then the alterations are much easier, quicker, simpler and cheaper. However, if it is going to be impossible to obtain the consent of the other party, it is still possible, but you not be able to claim that the application is by consent. If you are worried that there are actual acts of abuse being committed against your daughter, then it may be a matter for the police. You may also want to contact the Victorian department of children, youth and families, there information about how to respond to child abuse here:

http://www.cyf.vic.gov.au/child_protection/abuse

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