Event and Time
Event Description
On September 20, 2021, a judge of the Federal Circuit and Family Court of Australia dismissed an Initiating Application filed by Mr. Baisman, seeking to vary earlier final parenting orders related to his two children. The primary judge also ordered Mr. Baisman to pay costs to Ms. Cartmill, the mother of the children.
Application and Claims
- Appellant (Mr. Baisman): Sought to vary the previously consented parenting orders from April 11, 2019. Requested equal shared parental responsibility and removal of restrictions on spending time and communicating with the children.
- Respondent (Ms. Cartmill): Sought to dismiss the father's application based on the “rule in Rice and Asplund,” stating that there had been no significant change in circumstances since the previous orders.
Judicial Decisions
The appeal was dismissed on October 18, 2021, with the court finding: 1. There was no error in the application of the “rule in Rice & Asplund”. 2. Procedural fairness was maintained. 3. The father was directed to pay the respondent’s costs fixed at $10,000.
Dispute Points and Legal Basis
Dispute Points
- Father's Claims:
- Argued that significant changes had occurred since the consent orders, including his improved mental health and a stable relationship with a new partner. - Contended that the child's emotional issues were not directly linked to his conduct.
- Mother's Arguments:
- Argued that the father's actions, including inappropriate “back channel” communications with the eldest child, demonstrated ongoing emotional harm. - Emphasized that the previous orders were made after careful consideration of the significant risks posed by the father's behavior.
- Third Party Evidence: