Rathburne & Barnaby

This matter concerned an application by Ms Rathburne (the mother) to vary final parenting orders, which was opposed by Mr Barnaby (the father). The dispute centred on whether there had been a sufficient change in circumstances to warrant revisiting the existing parenting arrangements for the parties' two children, X and Y. The proceedings were heard by Judge Kari in the ADC.

The primary legal issue before the court was whether the mother had demonstrated a significant change in circumstances since the final orders were made, thereby justifying a variation of those orders. The father invoked the principle established in *Rice v Asplund*, asserting that no such change had occurred. A secondary consideration was whether further parenting litigation between the parties would be in the children's best interests.

Judge Kari found that, despite the mother's engagement with mental health services, the steps taken did not amount to a significant change in circumstances sufficient to justify revisiting the parenting orders. The court also considered that further litigation would not be in the children's best interests, noting the parents' ability to mutually agree increased time for the mother, the father's protective conduct, and the potential for separation between the siblings if orders were varied. Consequently, the court dismissed both the mother's Initiating Application and the father's Response, and ordered that the proceedings be finalised.