Dickens and Dickens

Case

[2018] FamCA 373

28 May 2018


Details
AGLC Case Decision Date
Dickens and Dickens [2018] FamCA 373 [2018] FamCA 373 28 May 2018

CaseChat Overview and Summary

In *Dickens and Dickens*, the father sought to vary existing parenting orders concerning the parties' two children. The mother opposed these applications. The proceedings were heard by Watts J in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether there had been a significant change in the circumstances of the children since the making of the last final parenting orders, such that it would be in the children's best interests to reconsider the existing arrangements. The father also sought to introduce new evidence regarding the mother's alleged parenting capacity.

Watts J applied the principles established in *Rice and Aslan* and *Harris v Harris*, which require a party seeking to vary final parenting orders to demonstrate a material change in circumstances. His Honour found that the evidence presented by the father did not establish a significant or material change in circumstances that would warrant a departure from the existing orders. The court also considered the father's proposed new evidence, determining that it was not sufficiently compelling to justify a review of the current parenting arrangements.

Consequently, Watts J ordered that the father's applications to vary the parenting orders be dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Spencer v Bamber [2012] NSWCA 274
Bar-Mordecai v Rotman [2000] NSWCA 123
Spencer v Bamber [2012] NSWCA 274