Glasson and Drover & Anor

In *Glasson and Drover & Anor*, heard by Rees J in the Family Court of Australia, the applicant sought parenting orders concerning a child. The dispute arose in the context of final consent orders previously made, where the applicant, who is not a parent of the child, spends time with the child. The child suffers from severe separation anxiety from the mother, which significantly impacts her daily functioning, and the child has expressed strong views regarding her time with the applicant.

The central legal issue before the court was whether to continue the parenting proceedings, particularly in light of the existing final consent orders and the child's expressed views and demonstrated anxiety. The court was required to consider the application of the principles established in *Rice & Asplund* concerning final orders in parenting matters, and how these principles interact with the court's ongoing obligation to consider the best interests of the child, especially when significant issues such as severe separation anxiety and the child's own expressed wishes are present.

Rees J determined that the circumstances warranted the continuation of the parenting proceedings, indicating that the threshold for varying or discharging final orders, as contemplated by *Rice & Asplund*, had been met due to the significant changes in the child's circumstances and her expressed views. The court's reasoning underscored the paramountcy of the child's welfare and the need to address the severe separation anxiety and the child's strong opinions, even when final orders were in place.

The court ordered that the Amended Response to Application in a Case filed on 2 December 2019 be dismissed.