NULTY & KENDRICKS

In the matter of *Nulty & Kendricks*, heard before Judge M Neville, the applicant sought to discharge the appointment of an Independent Children’s Lawyer and to discharge or vary final parenting orders that had been made by consent. The proceedings involved a threshold hearing concerning the application of the principles established in *Rice & Asplund*. A significant aspect of the dispute revolved around the risk of the child being exposed to further litigation.

The court was required to determine whether the threshold for varying or discharging the final parenting orders had been met, considering the principles of *Rice & Asplund*. Additionally, the court had to assess the appropriateness of continuing the appointment of the Independent Children’s Lawyer in light of the applications made. The question of costs associated with the applications was also before the court.

Judge Neville dismissed the applicant's initiating application filed on 15 March 2019, as well as the subsequent applications in a case filed on 18 July 2019 and 22 August 2019. This outcome indicates that the court found no grounds to discharge or vary the final parenting orders, nor to discharge the Independent Children's Lawyer, and therefore dismissed all applications brought by the applicant.