Can I change a court order?
If you have a final court order for your child’s care arrangements and you are wanting to change it, you have some obstacles to overcome.
The largest obstacle is known by lawyers as the rule in Rice & Asplund. This rule says that “where there has already been a final order made in respect to parenting issues, before the court embarks on a re-hearing of those issues, the applicant must establish a significant change in circumstances”.
In determining this, every case involving child’s care arrangements will be different but here are some guiding principles to keep in mind:
• Consider the history of the matter – including the reasons for the prior decision and the evidence on which it was based.
• Whether there is a likelihood of the orders being varied in a significant way, as a result of a new hearing.
• If there is such a likelihood of change, then it must be weighed against the detriment to the child caused by further litigation.
Call us on (07) 3221 4300 to organise a no-obligation initial appointment at a fixed-cost. We will be happy to assist you in person, over the phone or by Skype. Need legal advice regarding child support? Read more here.