WALLIN & WALLIN

In the matter of *Wallin & Wallin*, the father sought to re-open parenting orders made on 28 February 2017, approximately three years after their finalisation. The dispute concerned the appropriate parenting arrangements for the parties' four children. The application was heard by Bennett J in the Family Court of Australia.

The central legal issue before the Court was whether new facts and changed circumstances had arisen since the making of the final parenting orders, necessitating a fresh investigation into the children's best interests. This involved considering the threshold for re-opening a final parenting case and the relevant factors to be taken into account in such an application. The Court also had to consider the weight to be given to the views of the children and the content of any Family Report prepared for the proceedings.

Bennett J allowed the father's application to admit the filed documents as evidence. Crucially, the Court ordered the preparation of a Family Report pursuant to section 62G(2) of the *Family Law Act 1975*. This report was to assist the Court in determining if there had been a sufficient change in circumstances to warrant re-considering the parenting arrangements. The Family Consultant was directed to report on whether the children's circumstances required a re-evaluation of all or specific aspects of the existing orders, the children's views on their current arrangements and further litigation, measures to shield the children from parental conflict, and any other relevant matters concerning their care, welfare, or development. The Court noted previous Family Reports and authorised the consultant to review all filed documents and any subpoenaed materials. The matter was adjourned for a hearing to consider cross-examination of the Family Consultant and submissions on how the report should inform the Court's decision.