5,310
edits
Changes
→Changing orders, awards and agreements under the Family Law Act
<blockquote><tt>(3) On application by a party, the Supreme Court may change, suspend or terminate all or part of an arbitration award for any reason for which an order in relation to the same matter could be changed, suspended or terminated under this Act.</tt></blockquote>
In other words, to change an award about parenting arrangements, the test in section 47 of the ''Family Law Act'' will apply, and to change an award about contact, the test in section 47 60 of the ''Family Law Act'' will apply. If the court decides there has been a change in circumstances, it will make an order about guardianship, parenting arrangements, or contact. Whenever the court is asked to make an order about guardianship, parenting arrangements, and contact, section 37(1) of the act requires the court to consider only the best interests of the child. The factors to be taken into <span class="noglossary">account</span> in considering the best interests of the child are set out at sections 37 and 38 of the ''Family Law Act''.
====Setting aside agreements====
<blockquote><blockquote><tt>(a) the order replaces the part of the agreement that provides differently for the same subject matter, and</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) the remainder of the agreement remains effective.</tt></blockquote></blockquote>
If the court decides that the agreement is not in the best interests of the child, it will make an cancel the parts of the agreement about parenting arrangements or contact and make an order about parenting arrangements or contact, while leaving the rest of the agreement alone and intact. Whenever the court is asked to make an order about parenting arrangements and contact, section 37(1) of the ''Family Law Act'' requires the court to consider only the best interests of the child. The factors to be taken into <span class="noglossary">account</span> in considering the best interests of the child are set out at sections 37 and 38 of the act.
==Changing guardianship==