ARTICLE · 07 AUGUST 2023

Making changes to a parenting court order

O'Sullivan Davies Lawyers

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There are certain criteria the Court must consider before deciding to make any changes to a parenting court order.

AustraliaFamily and Matrimonial

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Making Changes to a Parenting Court Order

Current at 18 July 2023 (originally published 10 June 2020)

Rice & Asplund continues to be one of the leading cases in the consideration of changes to parenting orders.

When the Court has made a parenting order, there are certain criteria the Court must consider before deciding to make any changes.

In Rice & Asplund (1979), the Court made a final order for the 3 year old child to live with her father. Approximately 9 months later, the mother made an application to vary the order by seeking that the child live with her and spend specific time with the father.

The Full Court in this matter made it clear that the Court should not entertain proceedings to vary such an order lightly. The Court should consider whether:

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