HOSKINS & HOSKINS

The parties in this matter were the father and mother, who were seeking to alter final parenting orders made in 2013. The father applied to discharge these orders, while the mother sought to vary them. The central question before the Court was whether there had been a significant change in circumstances since the making of the final orders.

The Court was required to determine whether the evidence presented by the parties, particularly the father, was sufficient to establish a material change in circumstances warranting a discharge or variation of the existing parenting orders. The Court also had to consider the adequacy of the supportive evidence presented in relation to the alleged changed circumstances.

His Honour Judge Hartnett found that the supportive evidence presented by the father was not before the Court. Consequently, the interim application could not be determined at that time. The Court adjourned the interim application to allow for the proper presentation of evidence.