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.
In family law matters, particularly those involving child custody or parenting disputes, the court’s primary focus is the safety and well-being of the child. A Notice of Risk is a critical legal document that alerts the court to potential dangers, such as abuse, neglect, or family violence. Here’s everything you need to know about this important tool in family law proceedings.
What is a Notice of Risk?
A Notice of Risk is a formal document filed with the court during family law proceedings to raise concerns about the safety of a child. This could include risks of:
Physical or emotional abuse.
Neglect or inadequate care.
Family violence or exposure to harmful environments.
Any situation that might threaten the child’s well-being.
Filing this notice prompts the court to prioritize the child’s safety in its decision-making process.
When is a Notice of Risk Required?
A Notice of Risk is mandatory in certain family law cases, particularly when allegations of child abuse or harm are present. It’s a key step in ensuring the court is made aware of potential risks early in the proceedings, allowing for swift protective measures if necessary.
What Does a Notice of Risk Include?
The Notice of Risk form requires:
Details of the Concern: Specific information about the risks to the child, such as incidents of violence or neglect.
Evidence: Supporting evidence, such as police reports, medical records, or witness statements.
Proposed Actions: Any steps taken or suggested to address or mitigate the risk, like requests for interim orders or protective measures.
The form is designed to provide the court with a clear picture of the situation to guide its decisions on parenting arrangements.
What Happens After Filing a Notice of Risk?
Once the Notice of Risk is filed:
Court Consideration: The court will review the concerns raised and determine the necessary steps to protect the child.
Urgent Applications: If immediate risk is evident, the notice may accompany an urgent application for interim parenting orders or other protective measures.
Agency Involvement: In some cases, the court may notify child protection agencies or request further investigations.
The Notice of Risk ensures that the child’s safety is at the forefront of the proceedings and that any decisions made prioritize their best interests.
The Importance of Honesty
It’s vital to approach a Notice of Risk with complete honesty. False or misleading statements can have serious legal consequences and undermine the court’s ability to protect children effectively. If you have genuine concerns, transparency and accuracy are essential to ensuring your child’s safety.
Do You Need Help Filing a Notice of Risk?
If you have concerns about your child’s safety and are considering filing a Notice of Risk, Coastal Lawyers can provide expert guidance. Contact us today for compassionate and informed legal advice 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.
Navigating a separation or dealing with criminal matters can be challenging, but you don’t have to face it alone. At Coastal Lawyers, we’ve curated a list of support resources across New South Wales to assist you during this time. Here are some recommended programs and courses:
Parenting Courses
Parenting after separation can be challenging, but the right tools and support can make a world of difference. These courses are designed to equip you with the skills and confidence to thrive as a parent, even in difficult circumstances.
Anger Management Courses
Managing anger effectively is essential for healthy relationships and personal well-being. These programs are ideal for those seeking to improve emotional regulation and build healthier relationships.
Drug and Alcohol Courses/Resources
Navigating challenges related to substance use can feel overwhelming, but resources are available to help. These programs offer support, understanding, and practical solutions for dealing with drug and alcohol issues.
Domestic Violence Courses
Domestic and family violence impacts many lives, but there are programs designed to provide support and education to both survivors and offenders. These courses and programs are vital resources for individuals and professionals working to combat domestic violence.
Facing Up Program
The Facing Up Program is a transformative initiative that supports individuals in addressing offending behavior, taking responsibility for their actions, and promoting long-term change. This program is typically facilitated through correctional services and rehabilitation providers across NSW.
Tip: For more information on this program, contact your local community corrections office or rehabilitation center.
This program is a step forward for those seeking accountability and positive change in their lives.
Why Seeking Support Matters?
Taking proactive steps—whether through parenting, anger management, or substance courses—can make a big difference.
These resources are designed to help you move forward positively.
Need legal advice or more resources?
Coastal Lawyers is here to support you through every step. Contact us for a free 15-minute discovery call and let’s discuss how we can help.
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.
Traveling overseas with your child after separation can become a legal minefield, particularly if the other parent doesn’t agree to the trip. In Australia, laws are in place to prevent child abduction and ensure that both parents’ rights, along with the child’s best interests, are protected. If you’re planning a trip and facing resistance or uncertainty, here’s what you need to know.
1. Start with Communication and Agreement
The best place to begin is with open communication. If possible, talk to the other parent about your plans and why the travel is important. If they agree, it’s wise to get their consent in writing, such as a signed letter outlining the travel details. This can help prevent disputes later and serves as a clear record of their permission.
2. What If the Other Parent Doesn’t Agree?
When agreement isn’t possible, there are legal avenues to consider:
Seek Consent Orders
If discussions stall, you can apply to the court for consent orders. These orders formalize the travel terms, offering a legal framework to avoid further disputes. You’ll need to demonstrate that the trip is in the child’s best interests.
Consider Mediation
In many cases, you’ll need to attend mediation before applying to the court. Mediation provides a structured environment to work through disputes with a neutral third party, helping both parents find a voluntary resolution.
Apply for Court Orders
If mediation fails or isn’t suitable, you can apply to the court for orders allowing the trip. The court will assess factors such as:
The reason for the travel (e.g., family events, education, or cultural exposure).
The potential benefits and risks to the child.
Whether the travel aligns with the child’s best interests.
A judge’s decision will aim to balance the needs and concerns of all parties, with the child’s wellbeing as the top priority.
3. Be Aware of Passport Restrictions
If there’s concern that the other parent might take your child overseas without permission, you can explore measures to restrict or monitor their ability to obtain a passport. For example:
Applying to have the child’s name listed on the Airport Watch List, preventing unauthorized travel.
Seeking court orders to secure or cancel a passport.
These steps are often used when there’s a fear of abduction or non-consensual international travel.
4. Don’t Risk Traveling Without Consent
It’s critical to understand that taking your child overseas without the other parent’s consent, or without court approval, could be considered child abduction. This is a serious legal offense under both Australian and international laws. Even well-intentioned trips can result in severe consequences if proper procedures aren’t followed.
Seek Legal Guidance
Every situation is unique, and navigating the legal requirements for international travel with children can be tricky. At Coastal Lawyers, we can help you understand your rights and obligations, mediate disputes, or represent you in court if necessary.
Planning an Overseas Trip with Your Child?
Don’t risk unnecessary complications. Contact Coastal Lawyers today for expert advice on securing the consent you need and ensuring your travel plans comply with the law.
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.
The Family Law Amendment Act 2023 introduces significant updates to family law in Australia, aiming to modernize the system and enhance its focus on child safety, cultural recognition, and fairness. Here’s an overview of the most important changes and how they might affect you.
1. Equal Shared Parental Responsibility and Substantial and Significant Time
The presumption of equal shared parental responsibility has been removed. Previously, this presumption required courts to consider equal or substantial time-sharing arrangements for parents, which often led to confusion. The focus now shifts solely to arrangements that prioritize the child’s best interests.
2. Updates for Aboriginal and Torres Strait Islander (ASTI) Children
The amendments expand the definitions of ‘relative’ and ‘member of the family’ to align with Aboriginal and Torres Strait Islander concepts of family, reflecting their cultural and kinship systems.
Additionally, courts must now consider a standalone ‘best interests’ factor for ASTI children. This includes:
Recognizing the child’s right to enjoy their culture.
Evaluating the support they’ll receive to connect with that culture.
3. Independent Children’s Lawyers (ICLs)
New requirements ensure that Independent Children’s Lawyers meet directly with children over 5 years old, unless exceptional circumstances apply. These exceptions include risks of psychological or physical harm or significant adverse effects on the child’s well-being.
4. Joint Decision-Making for Long-Term Issues
While the presumption of equal shared parental responsibility has been removed, joint decision-making for major long-term issues remains. Under section 61DAA, parties must consult each other and make genuine efforts to reach a joint decision on issues like education, health, and religion.
5. Enhanced Focus on the Best Interests of the Child
Courts must now consider several key factors when determining arrangements, including:
Promoting the child’s safety from harm, including family violence and neglect.
The child’s expressed views.
Developmental, psychological, emotional, and cultural needs.
Each parent’s capacity to meet these needs.
The benefit of the child having a safe relationship with parents and significant others.
6. Changes to Advisors’ Obligations
Under the amended section 60CC, advisors must:
Emphasize that the child’s best interests are paramount.
Encourage clients to align their decisions with the best interest factors outlined in subsections 60CC(2) and (3).
7. Reconsidering Final Parenting Orders
The new section 65DAAA restricts courts from reconsidering final parenting orders unless:
There has been a significant change in circumstances, and
Reconsideration is in the best interests of the child.
8. Division 13A Redraft: Non-Compliance with Parenting Orders
Changes to Division 13A clarify consequences for non-compliance with parenting orders, including:
Removing specific cost order provisions (cost orders now fall under section 117).
Eliminating the court’s power to issue community service orders for non-compliance.
Allowing courts to:
Order additional time with a parent.
Vary existing parenting orders.
Require attendance at parenting programs.
9. Delegating New Powers to Registrars
Registrars now have the power to issue ‘make-up’ time or compensatory time orders, allowing children to spend additional time with a parent when prior parenting orders haven’t been followed.
10. Case Management and Procedure Updates
Schedule 5 introduces new measures to streamline case management:
Harmful Proceedings Orders: Prevent vexatious litigants from filing new applications without court approval. Harm includes psychological harm, financial damage, and behaviours that impair the other party’s ability to care for a child.
Broadening the overarching purpose of family law practice and procedure, applying it to all Family Law Act proceedings.
Why These Changes Matter
The Family Law Amendment Act 2023 emphasizes child safety, cultural recognition, and procedural fairness. By removing outdated presumptions and refining court processes, the changes aim to create a more effective and inclusive system for families.
Need Help Navigating the Changes?
Understanding how these amendments may impact your family law case can be challenging. At Coastal Lawyers, we specialize in family law and are here to guide you through these reforms.
Contact us today to discuss your case and take the next steps with confidence.ity to care for a child, or financial harm.
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.
Feeling Trapped? Exploring Your Options in Divorce and Separation
At Coastal Lawyers, we often hear from women contemplating divorce or separation but feeling uncertain about their options due to financial instability. These women may have taken on traditional roles, staying at home to care for the children and manage the household, while their partners pursued careers and built financial security.
Often, they are not currently working or may have only part-time jobs that fit around childcare responsibilities. They may have little or no superannuation, while their partners hold significant salaries and super balances.
Many feel unhappy, unfulfilled, or even trapped in situations involving family violence. They long to leave, but financial uncertainty makes them question whether it’s possible. They often describe their situation in one word: “trapped.”
These women frequently ask questions such as:
How will I support myself?
What am I entitled to?
Is his super really his super?
I have always been the primary carer—what will happen with the children?
My husband said that if I leave, I will get nothing because I haven’t contributed financially—is that true?
My children go to private school, and I can’t afford the fees on my own—what happens now?
My husband refuses to leave the house, and I don’t even have money for a bond—what can I do?
My husband says I can’t take the children with me if I leave—is that right?
These are valid concerns, and the answers often depend on the unique circumstances of each family.
Your Path to Clarity: The Family Law Strategy Session
At Coastal Lawyers, we understand that separation can be overwhelming and complex. That’s why we offer our Family Law Strategy Session—a one-hour obligation-free session at a reduced hourly rate with an experienced family lawyer.
This session is an opportunity to:
Ask questions about your situation and rights.
Understand your options and the legal implications of separation.
Plan your separation to set yourself and your children up for success.
Explore pathways to achieve an amicable separation, or if that’s not possible, ensure your safety and the safety of your children.
Taking this first step can provide the clarity and confidence you need to move forward.
Don’t let uncertainty hold you back. Click the button below to book your Strategy Session with Coastal Lawyers and start planning for a brighter future.
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.
