Event and Time
Event Description
- Appellant: Mr. Shan (the father)
- Respondent: Ms. Prasad (the mother)
- Court's Decision Date: 3 July 2019
- Original Parenting Orders: Prevented Mr. Shan from spending time with the children until they turn 18.
- Appeal Basis: Mr. Shan appealed the 3 July 2019 order that dismissed his application to vary those parenting orders based on change of circumstances.
Application and Claims
- Father’s Claims:
- Sought to vary existing parenting orders based on changed circumstances since the last decisions. - Submitted two reports (by Dr. A and Dr. B) indicating no longer meeting criteria for antisocial or narcissistic personality disorders.
- Mother’s Claims:
- Opposed the appeal. - Argued there was no significant change in circumstances justifying a reopening of the parenting orders.
Judicial Decisions
- Primary Judge’s Decision (3 July 2019):
- Found insufficient change in circumstances to vary the original parenting orders.
- Appeal Court’s Decision:
- Appeal allowed as it was determined that the primary judge erred in not considering new expert evidence that contradicted previous assessments of Mr. Shan's condition. - Orders from 3 July 2019 were set aside.
Dispute Points and Legal Basis
Dispute Points
Father's Arguments:
- Argued that:
- His psychiatric evaluations by Dr. A and Dr. B indicated no significant personality disorders, unlike Dr. K's prior assessment. - Had shown substantial personal improvement and expressed regret for past actions.