FADEN & FADEN

In the matter of *Faden & Faden*, the wife sought the summary dismissal or strike out of the husband's application for further parenting orders. The case came before Le Poer Trench J in the Family Court of Australia.

The central legal issue before the court was whether the husband's application for further parenting orders should be dismissed or struck out, specifically in light of the principles established in *Rice & Asplund* and whether there had been a sufficient change in circumstances to warrant a re-litigation of parenting arrangements, always considering the best interests of the children.

Le Poer Trench J reasoned that the principles in *Rice & Asplund* require a significant change in circumstances to justify revisiting final parenting orders. However, the court found that the husband's application, as presented, did not meet the threshold for summary dismissal. The application raised arguable issues concerning the children's best interests that warranted further consideration rather than immediate dismissal.

Consequently, the wife's application for summary dismissal was dismissed. The matter was ordered to be relisted for further directions, including the potential appointment of an Independent Children's Lawyer and the obtaining of an expert report.