Final Orders are usually designed to be just that.  There are limited circumstances when a Judge will enliven a finalised matter.

An Application to change a final parenting order will not be lightly entertained.  The reason for that is to prevent parties from reopening their case and endlessly litigating to seek minor changes.  Lawyers and Courts call this the ruling in Rice v Asplund.

It is accepted wisdom that continuing litigation between parents has a negative impact on the parties and their ability to parent and on the child’s general well-being.

The Court will usually entertain applications, orders from two broad categories.  The first being is where evidence was suppressed or not available at the time the final orders were made and the second more frequently argued circumstance arises when one party alleges a material change in circumstances that has become apparent since the finalisation or the parenting orders.  This could arise if a parent who was the primary carer became unable to care for them, if there are incidences of family violence or if a party wished to relocate.

Clear as mud?

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