How to revisit or vary orders

Rice v Asplund refers to a landmark Australian family law case that established an important principle known as the "reopened case" or "Asplund principle." The case involved a mother who sought to vary an existing parenting order, which granted the father substantial time with the child. The court held that unless there has been a significant change in circumstances, it may not be appropriate to reopen a parenting case and reconsider the existing parenting arrangements.

The Asplund principle recognises the importance of stability and finality in parenting orders. It sets a high threshold for reopening a case and modifying existing parenting arrangements. The principle reflects the court's aim to prevent repeated litigation and protect children from being subjected to constant changes in their living arrangements.

To apply the Asplund principle, a party seeking to vary or change an existing parenting order must demonstrate that there has been a significant change in circumstances since the original order was made. This change must be of a kind that, if not considered, would lead to a finding of a significant risk to the child's welfare or a substantial change in the child's circumstances.

The court will consider factors such as the child's age, their relationship with each parent, their best interests, and the impact of any proposed changes on the child's overall well-being. The burden of proof rests with the party seeking to reopen the case to demonstrate the significant change in circumstances.

The Asplund principle acts as a safeguard against constant litigation and ensures that parenting orders are not easily overturned. It promotes the stability and consistency that are generally in the best interests of the child, while still allowing for flexibility when significant changes occur.

However, it is important to note that the application of the Asplund principle is not absolute and may vary depending on the specific circumstances of each case. Family courts will carefully consider the evidence and arguments presented by both parties before making a decision.

If you are facing a situation where you believe there has been a significant change in circumstances warranting a modification of a parenting order, it is advisable to seek legal advice from a family lawyer who can provide guidance specific to your situation and assist you in presenting your case effectively in family court.