CHOATE & RAYMOND
Case
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[2015] FCCA 1596
•3 June 2015
Details
AGLC
Case
Decision Date
CHOATE & RAYMOND [2015] FCCA 1596
[2015] FCCA 1596
3 June 2015
CaseChat Overview and Summary
In the matter of *Choate & Raymond*, heard before Judge Scarlett, the applicant sought to vary existing parenting orders. The respondent opposed this application.
The central legal issue before the court was whether there had been a sufficient change in circumstances since the making of the earlier parenting orders to warrant a re-opening of the proceedings and a variation of those orders, applying the principles established in *Rice v Asplund*.
Judge Scarlett considered the evidence presented by the applicant and determined that the alleged changes in circumstances did not meet the threshold required to justify disturbing the finality of the original parenting orders. The court applied the principles from *Rice v Asplund*, which generally require a significant and material change in circumstances to justify a review of existing parenting orders, absent exceptional circumstances. The court found that no such change had been demonstrated.
Consequently, the court dismissed the Initiating Application filed on 3 November 2014 and the Application in a Case filed on 12 November 2014.
The central legal issue before the court was whether there had been a sufficient change in circumstances since the making of the earlier parenting orders to warrant a re-opening of the proceedings and a variation of those orders, applying the principles established in *Rice v Asplund*.
Judge Scarlett considered the evidence presented by the applicant and determined that the alleged changes in circumstances did not meet the threshold required to justify disturbing the finality of the original parenting orders. The court applied the principles from *Rice v Asplund*, which generally require a significant and material change in circumstances to justify a review of existing parenting orders, absent exceptional circumstances. The court found that no such change had been demonstrated.
Consequently, the court dismissed the Initiating Application filed on 3 November 2014 and the Application in a Case filed on 12 November 2014.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Procedural Fairness
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Res Judicata
Actions
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Citations
CHOATE & RAYMOND [2015] FCCA 1596
Most Recent Citation
El Saghir v Minister for Immigration and Border Protection [2016] FCA 1430
Cases Citing This Decision
2
Burton and Hope
[2015] FCCA 1994
El Saghir v Minister for Immigration and Border Protection
[2016] FCA 1430
Cases Cited
9
Statutory Material Cited
2
Raymond and Choate
[2013] FCCA 2262
Raymond and Choate
[2010] FMCAfam 451
Raymond and Choate
[2011] FMCAfam 1108