What is considered a significant change to orders?

[Complex16]

Hi All,

Am wondering whether you can shed some light on what would be considered a significant change to current orders? Would going from supervised visitation to unsupervised visitation be classed as significant for instance?

I currently have sole parental responsibility on an interim basis by consent and my son participates in supervised visits with his dad once a fortnight for 2 hours.

We are awaiting receipt of the family report however the ICL has indicated that the report writer is not recommending any "significant" changes to the current orders. Hence my question. Just trying to be prepared...

Thanks in advance!

 

[Aneta Dimoska Di Marco]

Dear Complex16,

Yes, going from supervised visits to unsupervised visits is considered a significant change. The reason for limiting a father's (or mother's) time with the children through supervised visits is to ensure the children's safety, thereby minimizing their exposure to risk (this can also be due to the fact that the children require time to build a relationship with a parent). Accordingly, the parent has to demonstrate their parenting capacity over time. Unsupervised visits means there is no risk posed to the children, or at least the risk is managed in other ways. So a change from supervised to unsupervised suggests quite a big leap. Non-significant in this case is likely to mean that the report writer suggests the status quo be maintained and minor changes may occur to perhaps logistical issues - like changeover, or perhaps phone-based contact.

 

[Complex16]

Dear Complex16,

Yes, going from supervised visits to unsupervised visits is considered a significant change. The reason for limiting a father's (or mother's) time with the children through supervised visits is to ensure the children's safety, thereby minimizing their exposure to risk (this can also be due to the fact that the children require time to build a relationship with a parent). Accordingly, the parent has to demonstrate their parenting capacity over time. Unsupervised visits means there is no risk posed to the children, or at least the risk is managed in other ways. So a change from supervised to unsupervised suggests quite a big leap. Non-significant in this case is likely to mean that the report writer suggests the status quo be maintained and minor changes may occur to perhaps logistical issues - like changeover, or perhaps phone-based contact.

Thanks so much for your reply, much appreciated. Will need to wait for the report obviously to see what the report writer recommends, but am pleased to hear that a move to unsupervised would be considered a significant change. In light of what the ICL has said am very much hoping this means status quo.

My son is only 3 so not sure if the court would consider phone contact and there is also a dvo in place with my son, myself and other family members as named persons. Very detailed history of violence with the father with myself and other partners and many children exposed to family violence. The judge has expressed concerns about the violence.

Like I said, just need to wait and see. Thanks again for your reply!