Event and Time
Event Description
The case involves an application by a father to discharge parenting orders that were finalized by consent in 2018, following a history of family violence and significant criminal behavior, including drug offenses and robbery.
Application and Claims
- Applicant: Father
- Seeking to discharge the final parenting orders made on 28 May 2018. - Claims a significant change of circumstances has occurred since the original orders, justifying a review and potential variation of these orders.
- Respondent: Mother
- Argues that the father has not demonstrated a significant change in circumstances and seeks the dismissal of his application.
Judicial Decisions
- The application filed by the father on 12 February 2021 is dismissed.
- The decision reflects on the principles established in *Rice & Asplund* concerning substantial changes of circumstances and the best interests of the child.
Dispute Points and Legal Basis
Dispute Points
- Father's Arguments:
- Significant change due to his release from remand, completion of drug rehabilitation, and a commitment to not associate with past influences. - Emphasizes no current criminal charges and asserts involvement in drug counseling and other rehabilitative actions.
- Mother's Arguments:
- Claims that the father's circumstances have not significantly changed, citing ongoing concerns regarding family violence, ongoing criminal behavior, and the impact on their child. - Questions the validity of the father’s evidence, specifically the unsupervised nature of drug tests and rehabilitation claims.