Dwyer and Ireland (No 2)

In the matter of Dwyer and Ireland (No 2), heard by Judge Young, the applicant mother sought a variation of existing parenting orders concerning the parties' three children. The core of the dispute revolved around the alleged incessant parental conflict and its impact on the children.

The legal issues before the court included whether there was a likelihood of a substantial change in the circumstances of the children, such that the existing parenting orders should be varied. This required the court to consider the principles established in cases such as *Rice & Asplund*, which address the threshold for varying final parenting orders in the context of ongoing parental conflict.

Judge Young's reasoning focused on the absence of evidence demonstrating a substantial change in circumstances. The court determined that the ongoing parental conflict, while regrettable, did not meet the threshold for varying the existing orders. Consequently, the mother's application was dismissed. The court did, however, order that the children attend a child inclusive conference with a Family Consultant to provide advice to the court, particularly regarding the repair of the relationship between the older children and the mother, and to make recommendations for interim or procedural orders. The matter was adjourned for further consideration following this conference.