CARMODY & MASSEN

In *Carmody & Massen*, heard before His Honour Judge Wilson, the applicant sought to set aside consent orders previously made concerning their children. The dispute centred on whether a change in circumstances had occurred since the making of those orders, warranting their variation or setting aside.

The court was required to determine whether the applicant had demonstrated a significant change in circumstances since the making of the consent orders. Specifically, the court considered whether the expressed wishes of a child to live with the other parent permanently constituted such a significant change, and if so, whether those wishes should be given decisive weight in the context of the application.

His Honour Judge Wilson reasoned that the relevant date for assessing a change of circumstance is the date of the trial. While acknowledging the child's stated wish to live with the respondent, the court held that such wishes must be viewed in their proper context and did not, in this instance, amount to a significant change of circumstance that would justify setting aside the existing consent orders. The application was therefore dismissed.

The court also considered an oral application for costs. Given that the applicant was unrepresented until the trial and had not incurred specific legal costs referable to the respondent's relocation application or abandonment thereof, and in the absence of submissions supporting a costs order, no order for costs was made.