SILMON & HOLSOMBACK

In the Family Court of Australia, Judge Young considered a dispute between the mother and father concerning parenting orders for their two children, aged nine and seven. The existing final orders stipulated that the children live with the mother and spend time with the father in Darwin. However, the father had since relocated to South Australia, a circumstance not contemplated by the existing orders.

The primary legal issue before the court was whether there had been a significant change in circumstances since the making of the final orders, such that the rule established in *Rice & Asplund* was satisfied. This rule generally requires a significant change in circumstances to permit a variation of final parenting orders.

Judge Young was satisfied that the father's relocation to South Australia constituted a significant change in circumstances, thereby meeting the threshold established in *Rice & Asplund*. The court noted the mother's lack of objection to the children travelling to South Australia for a three-week period during the Christmas holidays, with the children to travel unaccompanied. The proceedings were adjourned for a defended hearing regarding the children's time with the father, with directions for the filing of amended responses, affidavits, and outlines of case.