Ascott and Ascott

The father sought to vary an existing parenting order in the Federal Circuit Court. The mother opposed the application.

The central legal issue before the court was whether there had been a significant change in circumstances since the making of the last final parenting order, which would justify a variation of that order. The court was required to consider the best interests of the child as the paramount consideration in determining whether to vary the existing orders.

Judge Burchardt dismissed the father's application, finding that he had failed to establish a significant change in circumstances. The court applied the principles that a party seeking to vary a final parenting order must demonstrate a material change in circumstances, and that any such variation must be in the best interests of the child. The evidence presented did not meet the threshold for a variation.

The father's application filed 28 July 2015 was dismissed.