Peterson and Cochrane (No. 2)

Case

[2008] FamCA 712

4 March 2008


Details
AGLC Case Decision Date
Peterson and Cochrane (No. 2) [2008] FamCA 712 [2008] FamCA 712 4 March 2008

CaseChat Overview and Summary

In *Peterson and Cochrane (No. 2)*, heard before Moore J, the father sought to vary existing parenting orders. The mother opposed this application.

The central legal issue before the court was whether the father had established a sufficient change in circumstances since the making of the last parenting orders to warrant a reconsideration of those orders. The court was required to assess the evidence presented by both parties in light of the relevant principles governing applications to vary parenting orders.

Moore J dismissed the father's application, finding that he had not demonstrated the necessary change in circumstances. The court applied the principles that a party seeking to vary parenting orders must show a material change in circumstances, and that any such variation must be in the best interests of the child. The father's application was therefore unsuccessful.

The court ordered that the father's application be dismissed, adjourned the matter for further directions, and ordered the father to pay the mother's costs of the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

Actions
Download as PDF Download as Word Document

Most Recent Citation
Akston & Boyle [2010] FamCAFC 56

Cases Citing This Decision

2

IABH & HRBH [2008] FamCA 817
Akston & Boyle [2010] FamCAFC 56
Cases Cited

0

Statutory Material Cited

1