It can be the case that a parenting Order will only recently have been made, say within the past two years, and then one of the parents wants to change the Order.
Assuming that the other parent does not want to change the order, it will be necessary for the parent who wants to change the order to commence Court proceedings to have the Order changed.
A Court will only change an existing parenting Order however, if it is satisfied that either:
1. There has been a significant change in circumstances since the Order was made or,
2. There was some material factor not disclosed at the time when the existing Order was made.
This is known as the “Rice and Asplund” principle.
In these circumstances, it is very important to obtain sound legal advice. If an application is made to the Court and the Court is not satisfied that there has been significant change in circumstances or that a material factor was not disclosed when the existing Order was made, the court will dismiss the application and likely make a cost order against the party who brought the new application. Springwood Lawyers is able to provide such sound advice to you.
