Perowe & Eddelson

In the matter of *Perowe & Eddelson*, Ms Perowe (the applicant mother) sought final orders to vary existing parenting orders concerning the parties' child. Mr Eddelson (the respondent father) opposed the application. The proceedings were heard by Taglieri J in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the circumstances had materially changed since the making of the final parenting orders in 2019, such that a variation of those orders was warranted. Specifically, the mother sought variations relating to the protection of her at handover, and to enable discussions about an alternate school for the child due to dissatisfaction with the current high school. The mother also sought to amend the changeover location for the child.

Taglieri J dismissed the mother's application for final orders pursuant to s 45A(2) of the *Family Law Act 1975*. The court found that the existing orders, made by consent and with legal representation for both parties, already contained provisions for protection at handover and a process for addressing changes to the child's education. The court noted that the mother's application for variation of the changeover location appeared to be a response to the father's contravention proceedings, rather than being driven by the child's welfare. The court also observed that the mother's evidence regarding changed circumstances, particularly concerning the child's schooling, lacked sufficient detail. The court concluded that the grounds for variation were not made out, and that the appropriate avenue for addressing any contraventions of existing orders was through a contravention application.