MAGDEN & KADING

In the matter of *Magden & Kading*, heard before Judge Burchardt, the dispute concerned final parenting orders made on 29 May 2018. The Mother raised an objection under *Rice & Asplund*, while the Father sought to agitate for increased time with the children during the July 2020 school holidays. The Father also applied for the removal of the Independent Children’s Lawyer (ICL).

The central legal issues before the court were whether there had been a material change in circumstances since the making of the final orders, and consequently, whether the ICL’s appointment should be discharged. The court was required to assess the father's application for increased time in light of the existing final orders and the principles governing applications to vary such orders.

Judge Burchardt found that there was no material change in circumstances that would warrant a variation of the final parenting orders. The court applied the principles established in *Rice & Asplund*, which require a significant and material change in circumstances to justify revisiting final orders. Having determined that no such change had occurred, the court concluded that the father's application to agitate for time during the school holidays and his application for the removal of the ICL were without merit.

Consequently, the court ordered that the Initiating Application filed on 12 December 2019 be dismissed. All other extant applications were also dismissed and removed from the active pending cases list. The Order for the appointment of the Independent Children’s Lawyer on 17 March 2020 was discharged.