Variation of Family Court Order

Variation of Court Orders

“PKWA Law packages most of its legal services with an all-inclusive fixed fee that is affordable for all.”

– The Straits Times

Family circumstances often change after a divorce. What worked at the time of the original court order may no longer be practical or fair today. In Singapore, the law allows you to apply for a Variation of Court Orders if there has been a material change in circumstances.

At PKWA Law, our family lawyers have over 30 years of experience helping clients apply for variations of orders relating to child custody, access, and maintenance. Whether your situation is straightforward or complex, we provide clear guidance, fixed fees, and a calm approach to resolving matters.

When Can You Apply to Vary a Court Order?

The courts will only allow variations when there is a material change in circumstances since the original order was made. Examples include:

• A significant increase or decrease in either party’s income.
• A parent relocating for work, affecting child access.
• Changes in the child’s needs (education, medical, or living arrangements).
• Persistent failure by one party to comply with the original order.

Without such changes, the court is unlikely to approve a variation.

What Types of Orders Can Be Varied?

You may apply to vary:

• Child Custody, Care & Control Orders – if circumstances require a change in parenting arrangements.
• Child Access Orders – to adjust visitation schedules or conditions.
• Child or Spousal Maintenance Orders – to increase, reduce, suspend, or stop maintenance.
• Other Ancillary Orders – if justified by new developments.

Contested vs. Uncontested Variations

Not all variation applications are the same. Some proceed smoothly with both parties’ agreement, while others involve disputes.

Uncontested Variations

An uncontested variation is where both parties agree that the existing order should be varied. This is usually the fastest and most cost-effective way to resolve the matter.

• Applications are typically straightforward and can be resolved within 1-2 months.
• Less costly compared to contested cases.
• Reduces conflict and provides certainty for both parties.
• Suitable where parties are able to agree on practical changes to custody, access, or maintenance.

Contested Variations

If parties cannot agree, the application becomes contested. This means the court will hear arguments from both sides before deciding whether to vary the order.

• The process may involve mediation, case conferences, and hearings.
• It can take several months and incur higher costs.
• The court will carefully assess whether the requested variation is fair and necessary.

How to Apply for a Variation of Court Order

1. Consult a family lawyer to assess whether there has been a material change in circumstances.
2. Prepare supporting documents such as payslips, medical records, or school reports.
3. File the application in the Family Justice Courts.
4. Attend mediation if the court directs parties to attempt settlement.
5. Court hearing (if contested) where both parties present their case.
6. Order issued – the court may approve, vary, or dismiss the application.

Why Choose PKWA Law?

• Experienced Family Lawyers – Each of our family law partners is ranked among Singapore’s leading family lawyers by The Straits Times, Benchmark Litigation, Doyle’s Guide, and Asian Legal Business.
• Fixed, Affordable Fees – Our fees are fixed, clear and transparent. No hidden surprises.
• Amicable Solutions First – We encourage constructive settlements wherever possible, saving clients stress, time, and cost.
• Strong Court Record – When matters cannot be settled, our team has a proven record of results in both the High Court and Court of Appeal.

Frequently Asked Questions (FAQ)

1. Can I vary a court order without going to trial?  Yes, try to agree to the variation. If both parties agree, the variation can be filed as an uncontested matter, which is usually faster and more affordable.
2. How long does an uncontested variation take?  Typically 1-2 months. Contested variations may take much longer.  
3. Can maintenance be reduced if I lose my job?  If you can show a material change in financial circumstances, the court may reduce or suspend your obligation.
4. Can I stop access if my ex-spouse keeps breaking the rules?  You should not stop access unilaterally. Instead, apply to vary the order or seek further directions from the court.
5. Do I need a lawyer to file for variation?  It is strongly advisable. The process involves technical filings, and the court will require proper evidence. A lawyer helps you avoid mistakes and ensures your case is properly presented.

Contact Us Today for a Free Consultation

If your circumstances have changed and you need to vary an existing court order, PKWA Law’s family lawyers can guide you every step of the way. With over 30 years of experience, fixed fees, and a reputation for both amicable resolutions and strong court advocacy, we are a trusted choice for families in Singapore.

Contact us at:

• Tel: +65 6854 5336
• Whatapp: +65 9090 3158
• Email: enquiry@pkwalaw.com