VENTURA & VENTURA

In the matter of *Ventura & Ventura*, Justice Altobelli of the Federal Circuit and Family Court of Australia considered an application by the Applicant mother seeking to vary final parenting orders made on 19 November 2019. The Applicant alleged non-compliance with these orders and raised concerns about risk, presenting untested expert evidence. The Respondent father sought dismissal of the application.

The primary legal issues before the Court were whether the existing final parenting orders ought to be varied based on the Applicant's allegations of risk and non-compliance, and whether the rule in *Rice & Asplund* applied to the circumstances. The Court also considered a costs application.

Justice Altobelli found no basis upon which to vary the final orders, concluding that the allegations of risk raised by the Applicant were unsubstantiated and the expert evidence was untested. Consequently, the Applicant's application for interim orders was dismissed. The Court also ordered both parents to enrol in a parenting program within six weeks and referred the matter for further case management regarding the final orders sought. Each party was ordered to pay their own costs. The parties were granted leave to relist the matter within 90 days should further difficulties arise in implementing the final parenting orders.