COURT ORDERS AND CONSENT ORDERS
CHANGING A FINAL PARENTING ORDER

 

If the other party does not agree to change the Parenting Order

 

If the Court has previously made a Final Order in relation to parenting arrangements, the Court will only entertain an Application to change that Order if you can show there has been a significant change in circumstances. 

This is often referred to as a “Rice and Asplund” issue as that was the name of the case that decided the principle.

This applies whether the Order was made by consent or after a full Hearing and no matter how old the Order is. 

The principle decided in the case of “Rice and Asplund” was reconsidered and re-affirmed in another case in January 2012, the Court saying that a party who seeks to have a Parenting Order varied needs to show:

  • The new events are sufficient to warrant a new trial enquiry about the parenting arrangements of the child; and also
  • The potential benefits to the Child from conducting that new enquiry justify the potential adverse consequences.

The change in circumstances being relied on must be significant, not modest or trivial.

Unfortunately there is not a list of things the Court considers to be a ‘significant change in circumstances’. 

This is decided on a case by case basis. 

 

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Content By:
Michelle Beatty
MRB LAW

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