In family law, parenting orders provide structure and stability for children after separation. But what happens when circumstances change and one parent wants to revisit those orders? That’s where the Rice & Asplund principle comes into play. Stemming from an Australian family law case, this principle sets the standard for when the court will entertain an application to change existing parenting orders.
Here’s what you need to know about Rice & Asplund and how it applies to family law cases.
The Rice & Asplund Principle
Rice & Asplund refers to the court’s requirement that a significant change in circumstances must be shown before revisiting parenting orders. This principle ensures that the court balances stability and consistency for the child with the need to adapt to substantial changes.
Key Points About Rice & Asplund
1. Stability is Key
The court recognizes that stability and consistency are often in the child’s best interests. For this reason, reopening parenting arrangements without a substantial reason may not benefit the child. Parenting orders are designed to provide certainty, so the court is cautious about making frequent changes.
2. Reducing Unnecessary Litigation
Rice & Asplund aims to prevent repeated or frivolous court applications to change parenting orders. Constant litigation can take an emotional toll on the child and the parents, as well as strain court resources.
3. Demonstrating a Significant Change
To vary an existing parenting order, the parent making the application must demonstrate that a significant change in circumstances has occurred. Examples might include:
- Relocation that impacts existing arrangements.
- Changes in a child’s needs, such as medical or educational considerations.
- Evidence of safety concerns or family violence.
Without such a change, the court is unlikely to reopen the matter.
4. Best Interests of the Child
As with all family law matters, the child’s best interests remain the court’s paramount consideration. Any changes to parenting orders must align with promoting the child’s well-being, security, and development.
How the Court Assesses Applications
When deciding whether to entertain an application under Rice & Asplund, the court considers:
- The nature of the alleged change in circumstances.
- Whether the proposed changes are practical and beneficial for the child.
- The impact of reopening the matter on the child’s stability.
If the court determines that reopening the case is not in the child’s best interests, the application may be dismissed at an early stage.
Seeking Legal Advice
The Rice & Asplund principle ensures that parenting orders aren’t unnecessarily revisited, protecting the child’s stability while allowing flexibility when significant changes arise. If you’re considering applying to vary parenting orders, it’s essential to seek legal advice. An experienced family lawyer can help you determine whether your situation meets the threshold set by this principle and guide you through the process.
Need Help Navigating Parenting Orders?
At Coastal Lawyers, we understand the complexities of parenting orders and the importance of your child’s well-being. Contact us today for expert advice on whether your case meets the requirements of the Rice & Asplund principle and how to proceed.vice to protect your child’s well-being.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.