How to Change a Parenting Order
If I’m not happy with the Final Orders made by the Court in relation to parenting arrangements, can I change them?
The short answer is generally no. However, if your current circumstances have significantly changed, having an effect on the parenting arrangements and what is in the best interests for your children, you may be able to apply to the court for a change of the Final Orders pursuant to the principles set out in Rice v Asplund.
This is a very sticky area of law and the test that is applied is a hard one to satisfy the court.
The Rice v Asplund principle:
This case dealt with the living arrangements of the parties 3-year-old daughter. The court had previously made orders that the child live with the father. Nine months later, the mother brought an application to the court to vary the order. The mother sought that the daughter live with her and spend time with the father.
The application was ultimately successful.
There had been a significant change in circumstances following the making of the final orders. The circumstances had changed, being that the child was to commence school, which made the previous orders “unworkable” and “unrealistic,” and not in the child’s best interests. The wife had also remarried changing the circumstances of the order and the living arrangements for the child.
However, Chief Justice Evatt stated in his judgement that the court “…should not lightly entertain an application.” The rule established from this case involves a question of whether there has been a ‘significant change in circumstances’, or ‘some material factor was not disclosed at the earlier hearing which would justify “such a serious step.”’
The purpose of the Rice v Asplund principle is to protect children from exposure and involvement in further unnecessary litigation.
What constitutes a ‘significant change of circumstances?’
Chief Justice Evatt stated In Rice v Asplund that change alone will not be enough for the Court to accept such an application. The change must be of a serious nature to allow for a change to the Final Orders.
What you need to consider
Is there a significant change of circumstances which renders the previously made Final Orders extremely difficult to follow?
Is it no longer in the best interests of the child/children to continue to follow those Final Orders?
Is it in the best interests of your child/children to change their living arrangements all over again through another process of litigation?