Gough and Apostolou

In *Gough & Apostolou* [2013] FamCA 249, the Family Court of Australia considered an application by the mother to vary previous parenting consent orders made less than two years prior. The mother sought to discharge the existing orders and substitute new ones, while the father sought the dismissal of her application and no changes to the existing orders. The children, B (aged almost nine) and C (aged six), were the subject of the dispute.

The central legal issue before the Court was whether the mother had demonstrated a sufficient change of circumstances or a new, undisclosed material factor to justify reopening the parenting case, as per the principles established in *Rice & Asplund* (1979) FLC 90-725. The Court was required to determine if the matters raised by the mother were of sufficient importance or seriousness, individually or collectively, to warrant further proceedings in the best interests of the children.

Justice Cleary applied the *Rice & Asplund* test, noting that an applicant must satisfy the Court of a changed circumstance, a new factor, or a previously undisclosed material factor before an earlier order will be lightly entertained for reversal. The Court found that the mother's proposed changes, including shared parental responsibility for education, increased holiday time, and altered notification periods for travel, were not substantiated by a change in circumstances. Instead, they appeared to represent a more convenient alternative for the mother, rather than being demonstrably in the best interests of the children. The Court considered that the issues raised could have been canvassed at the time the consent orders were made, and that re-litigating these matters would likely have an adverse effect on the children, who had already been significantly impacted by parental conflict.

Consequently, the Court dismissed the mother's application for final orders. The judgment noted that while parties are free to agree to alternative arrangements, the existing consent orders were made to provide certainty for the children and relieve the pressures of litigation, and their finality should be respected.