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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 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.
Other Questions answered in the Consent Orders & Court Orders Section
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