The Court must be satisfied that there must be a material change in circumstances according to section 128 of the Women’s Charter. For example, you or your ex-spouse may have re-married, you may have better living arrangements since the conclusion of the divorce proceedings or you may have switched employment which allows you greater flexibility in caring for your child(ren).
If you feel that you have a case, you most probably have the merits to vary the original court order to better fit the current condition. Experienced Family lawyers are here to assess the merits of your case to see whether there are sufficient factors to satisfy the legal requirements for you to apply for a variation of the original Court Order.
A variation of a Court Order necessitates a formal application to be made into Court – It is not meant to be used as a backdoor to challenge or get around the original Court Order, unless circumstances have shown that it is not in the best interests of your child(ren) to have care and control remain with your ex-spouse.
Even if the Court is satisfied that there is a material change in circumstances that could necessitate a variation of the original Court Order, the Court’s paramount consideration will be the welfare of the child(ren) – Is it in the best interests of the child(ren) for care and control to remain with your ex-spouse, or have care and control of your child(ren) reversed to you? Rather than having to vary the order on care and control, could your/the child(ren)’s grievances be allayed by revising the access orders?
For the best interests of your child, call 62203400 and speak to one of our experienced Family Lawyers to discuss your circumstances and find out how we can help.