BIGGS & TYSON

In the matter of *BIGGS & TYSON*, the mother sought to vary existing court orders concerning the residence and parental responsibility of the child X. The father sought to maintain the status quo. The proceedings were heard by Judge Scarlett.

The central legal issue before the court was whether the existing orders, which stipulated that the child X live with the father and that the parties have equal shared parental responsibility, should be varied. Specifically, the court had to determine if the mother had established sufficient grounds to warrant a change to the current arrangements for the child's residence and time spent with each parent.

Judge Scarlett dismissed the mother's application to vary the existing orders. The court reasoned that the mother had not presented evidence demonstrating a material change in circumstances since the making of the 8 March 2011 orders, nor had she shown that the existing orders were no longer in the best interests of the child. Consequently, the court ordered that the existing orders, which provided for the child to live with the father, equal shared parental responsibility, and specific arrangements for the child's time with the mother during school holidays, were to remain in force. The court also set out a procedure for any party seeking costs to follow.