RATHBURN & DELREY

In the matter of *Rathburn & Delrey*, heard before Judge Lapthorn, the dispute concerned parenting arrangements. The applicant sought orders for the children to live with them and spend time with the respondent, while the respondent sought to dismiss the applicant's application.

The central legal issue before the Court was whether the threshold established by the rule in *Rice v Asplund* had been met. This rule requires an applicant to demonstrate that there are substantial reasons for making an order that deviates from the status quo, particularly when considering the impact on the children. The Court was tasked with determining if the circumstances presented by the applicant were sufficiently significant to warrant a change in the existing parenting arrangements.

Judge Lapthorn found that the case was finely balanced, indicating a careful consideration of competing arguments and evidence. Ultimately, the Court determined that the threshold established by the rule in *Rice v Asplund* had been met, justifying a departure from the status quo. This determination suggests that the Court was satisfied that substantial reasons existed to alter the existing parenting arrangements in favour of the applicant's proposed orders.

Consequently, the Court ordered that the Response filed on 21 July 2020 be dismissed.