WALLACE & WALLACE

In *Wallace & Wallace*, heard by Tree J, the dispute concerned an application by the father to re-litigate parenting orders made on 14 March 2018. The mother contended that there had not been a sufficient change in circumstances to warrant re-litigation, a position not supported by the Independent Children’s Lawyer. The father sought to re-litigate the children's parental responsibility and living arrangements.

The central legal issue before the court was whether the father should be permitted to re-litigate the final parenting orders, and if so, to what extent. This involved considering the application of the rule in *Rice & Asplund*, which generally restricts re-litigation of final parenting orders unless there has been a significant change in circumstances. The court was required to determine if the father's application met the threshold for re-litigation and, if so, the scope of any such re-litigation.

Tree J determined that the father's Response to Initiating Application should be dismissed, thereby restricting the scope of any re-litigation. The court reasoned that re-litigation should be confined to the specific issues of time and communication between the father and the children, and whether such contact should be recommenced in accordance with the existing orders. The father was granted leave to file an amended response limited to detailing any final orders he sought concerning time and communication. The father's separate Application in a Case was ordered to be listed for mention only.