DAUBNEY & JANZEN (No.2)

In *Daubney & Janzen (No.2)*, the Family Court of Australia considered applications by the mother to re-open parenting proceedings. The father sought to resist these applications.

The central legal issue before the Court was whether the threshold established in *Rice v Asplund* had been met, thereby permitting the re-opening of final parenting orders. This required the Court to assess if there had been a material change in circumstances since the making of the original orders, and if it was in the best interests of the child to consider the new material.

Judge Henderson dismissed the mother's applications. The Court found that the evidence presented did not satisfy the stringent requirements of *Rice v Asplund* for re-opening final parenting orders. The applications were therefore dismissed. The mother was ordered to pay the father's costs in the sum of $12,022 within twelve months.