Fitzroy and Fitzroy

This matter came before Murphy J concerning parenting arrangements for two children. The dispute centred on whether there had been a sufficient change in circumstances to warrant a review of existing parenting orders.

The court was required to determine the threshold question of whether a significant change in circumstances had occurred, justifying a reconsideration of the parenting arrangements. This determination would then inform whether the court should proceed to re-examine the substantive parenting orders themselves.

Murphy J ordered that the issue of a sufficient change in circumstances be listed for hearing on 19 May 2010. Directions were given for the filing and service of affidavits by the mother by 28 April 2010, and by the father by 5 May 2010, should he wish to rely on material beyond that already filed. The mother was ordered to be personally present at the hearing. The court also made specific orders regarding the children's time with their father during April and May 2010, including provisions for the children's care during court proceedings and for the facilitation of diagnostic testing if required. The father's costs were reserved.