Australian Family Law: Returning to Court

Final parenting orders are intended to provide certainty and stability. However, life circumstances can change — parents relocate, children grow, and family situations evolve. When this happens, an important question arises: can final parenting orders be reopened? The answer centers on a legal principle established in 1979 and recognized in Australian family law: Rice and Asplund. Module 10 is a comprehensive, self-paced course examining the Rice v Asplund principle and the threshold that must be met before a court will consider varying final parenting orders. Across seven lessons, the course explores the foundational principle, the applicable legal test, the range of circumstances courts have and have not considered significant, strategies for preparing an application or defense, and what to expect at a threshold hearing. Three detailed case studies bring these concepts together, applying the principles to practical scenarios. This module is designed for anyone who has final parenting orders and wants to understand when they may be changed, as well as those who wish to understand the legal considerations involved when another party seeks to reopen existing orders.

Course

Australian Family Law – Returning to Court | Module 10

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1 Chapter

1 Lesson

The two element test

The legal threshold for varying final parenting orders requires two elements, both assessed on the balance of probabilities: a genuine change in circumstances since the original orders were made, rather than a continuation of existing circumstances, and a change that is significant rather than minor or temporary. Changes such as a parent changing jobs, entering a new relationship, or simply changing their mind will not, on their own, necessarily satisfy this threshold. This course examines the spectrum of circumstances considered by Australian courts, identifying changes that have been found significant, those that may be significant, and those that have consistently been rejected. Particular attention is given to one of the most frequently raised yet consistently unsuccessful grounds: a change of mind.

Building the affidavit to pass Step One

A Rice v Asplund application that fails to address the legal threshold explicitly in the supporting affidavit risks being dismissed before the substantive case is ever heard. This course identifies the five essential questions every supporting affidavit should answer, outlines the evidence required for different types of changes in circumstances, and provides annotated examples of threshold paragraphs. These examples demonstrate how to clearly state the change, establish that it is genuinely new, and connect it to the applicable legal test using appropriate legal language. The principle is clear: do not leave the court to infer the threshold argument. State it expressly.

Three complete case studies — apply, test, and assess yourself

This course examines three practical scenarios of increasing complexity: a relocation application, a recovery application, and an application based on a change of mind. Each scenario is assessed against the full Rice v Asplund framework, with questions, sample answers, and strategic guidance explaining not only whether the legal threshold may be met, but also the appropriate next steps for each party. The course concludes with a ten-question final self-assessment designed to test your understanding without reference to notes. If you can answer all ten questions, you should have developed a solid understanding of the Rice v Asplund principle and how it applies in practice.

About the course

Final parenting orders are intended to provide certainty and stability. However, life circumstances can change: parents may relocate, children grow older, and family situations evolve. When these changes occur, one critical question arises: can final parenting orders be reopened? The answer depends on a legal principle established in 1979 and applied by Australian family courts: Rice v Asplund. This principle sets the threshold that must be met before a court will consider varying existing final parenting orders. Module 10: Rice v Asplund is a comprehensive, self-paced course designed to explain this legal threshold and how it applies in practice. Across seven lessons, the course explores the foundational principle, the legal test, the types of changes Australian courts have and have not considered significant, how to prepare an application, how to build a defence, and what to expect at a threshold hearing. Three detailed case studies bring these concepts together, applying the framework to practical scenarios. Whether you have final parenting orders and want to understand if they can be changed, or are concerned that the other party may seek to vary them, this course provides a structured guide to understanding the Rice v Asplund principle and its practical application.

Meet your instructor Kate

It is a big decision to return to court. Weigh up the costs to you and the children with the current situation

Curriculum

1 Chapter · 1 Lesson

1. (Included in full purchase)
  Returning to Court

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