Reager and Coldham (No 2)

In Reager and Coldham (No 2), Judge Newbrun of the Federal Circuit Court of Australia considered parenting applications made by a mother concerning her child, X, born in 2010. These applications were made subsequent to final parenting orders previously made by the Court on 17 February 2021. The central dispute revolved around whether the mother should be permitted to seek fresh parenting orders, notwithstanding the existence of prior final orders.

The primary legal issue before the Court was whether there had been a significant change in circumstances since the final parenting orders were made, such that it would be in the best interests of the child, X, to allow the parties to seek new orders. This required the Court to consider the application of the rule in *Rice & Asplund*, which governs when fresh parenting applications can be entertained after final orders have been made. The Court also had to determine the scope and content of a family report to be prepared for the purposes of assessing the child's best interests.

Judge Newbrun reasoned that a significant change in circumstances had occurred, justifying a departure from the previous final orders. Applying the principles established in *Rice & Asplund*, the Court found that it was in the best interests of X to permit the parties to seek fresh parenting orders. Consequently, the Court ordered that the parties and the children attend upon a Family Consultant for the preparation of a family report. The report was directed to address a comprehensive range of matters relevant to X's best interests, including the child's views (without compulsion), relationships with parents and significant others, parental capacity to facilitate contact, the likely effect of changes in circumstances, practicalities of contact, parental capacity to provide for needs, and any family violence. The Court also directed that the preparation of the family report be expedited.