Pacetti & Dambrose (No 3)

In the matter of *Pacetti & Dambrose (No 3)*, Newbrun J of the Federal Circuit Court of Australia considered an application by Mr Pacetti (the applicant father) against Ms Dambrose (the respondent mother) concerning parenting orders for their child, X, born in 2016. The dispute arose following the court's final parenting orders made on 7 August 2020, with the father alleging a significant change in circumstances necessitating fresh orders.

The primary legal issue before the court was whether there had been a significant change in circumstances since the final orders of 7 August 2020, such that it was in the best interests of the child, X, to permit the parties to seek fresh parenting orders. This required the court to assess the evidence presented by the father regarding the mother's alleged conduct and its impact on the child and the father's ability to facilitate time between the child and the mother.

Newbrun J reasoned that the evidence presented by the father, including allegations of the mother's unpredictable and violent behaviour, her persistent contact with the child's preschool leading to its withdrawal of services, her refusal to return the child on multiple occasions, and the circumstances surrounding a recovery order issued by the court, collectively demonstrated a significant change in circumstances. The court found that these events, particularly the mother's actions leading to the necessity of a recovery order, indicated a departure from the situation contemplated by the final orders and raised serious concerns for the child's welfare. The court applied the principle that a significant change in circumstances is a prerequisite for revisiting final parenting orders, and that the paramount consideration in such matters is the best interests of the child.

Consequently, the court ordered that there had been a significant change in circumstances since the final orders of 7 August 2020, and that, acting in the best interests of the child, X, the parties should be permitted to seek fresh parenting orders. The proceedings were forthwith transferred to the Family Court of Australia at Parramatta, with a mention date set for 13 May 2021.