Understanding the Rice v Asplund Rule: A Guide to Changing a Parenting Order

One of the most pivotal rules affecting parenting orders is the “Rice v Asplund Rule,” recently codified in the Family Law Act as section 65DAAA. This rule, stemming from a 1979 court decision, plays a crucial role in determining when and how the court can reconsider final parenting orders. Understanding this rule is vital for parents navigating the complexities of custody and parenting arrangements post-separation.

What is the Rice v Asplund Rule?

Historically, the Rice v Asplund Rule has been a common law standard that courts use to decide whether to reopen a final parenting order. The essence of the rule is that the court must only reconsider a final parenting order if there is a significant change in circumstances since the order was made, and it is in the best interests of the child to do so.

Codification in the Family Law Act

The recent amendment to the Family Law Act, section 65DAAA, formalises this rule, providing clear guidelines for both courts and parents. This codification ensures the rule’s application is consistent and underscores its importance in family law proceedings.

The Importance of the Rice v Asplund Rule

The rule underscores the importance of stability in a child’s life. Preventing frequent reconsiderations of parenting orders helps to provide a stable and predictable environment for children, which is essential for their development and well-being.

Continuous court proceedings can be emotionally and financially draining for the parents and can indirectly harm the child. The rule safeguards against reopening settled matters unless absolutely necessary, thus protecting all parties from the strain of ongoing litigation.

The rule emphasises that any decision to alter a parenting order must prioritise the child’s best interests. This ensures that any changes to the parenting arrangements are justified by genuine benefits to the child’s welfare rather than the parents’ desires or other external factors.

How Long Do Orders Last?

Parenting orders, once made, are intended to last until they are legally changed or until the child reaches an age where the orders are no longer applicable (typically 18 years). However, life circumstances can change, prompting a need to reassess the arrangements. Here’s where the Rice v Asplund Rule becomes relevant:

Significant Change in Circumstances: This could include a variety of factors such as relocation, a change in the child’s or parents’ health, new family dynamics, or any other substantial change impacting the child’s life.

Best Interests of the Child: Even if a significant change occurs, the primary consideration is whether altering the existing order serves the child’s best interests.

Applying the Rule

For parents considering requesting a modification to a parenting order, it is crucial to first consider whether there has been a significant change in circumstances. If so, they must be prepared to demonstrate how these changes impact the child and why changing the order would better serve the child’s interests.

Conclusion

The codification of the Rice v Asplund Rule in the Family Law Act as section 65DAAA is a significant development, providing clarity and consistency in how changes to parenting orders are approached. Understanding this rule is essential for parents when considering the long-term implications of any requested changes to custody or parenting arrangements. It reinforces the principle that such orders are primarily about ensuring the ongoing welfare and stability of children within the family law system.

Our Locations

At Life Law Solutions, our family law team is here to guide you through parenting matters with care and clarity. If you’re considering applying to change a Parenting Order, we encourage you to speak with one of our experienced family lawyers.

You can find us at the following locations:

• Brisbane
• Sunshine Coast
• Hervey Bay
• Rockhampton

Wherever you are, we’re committed to helping you navigate the complexities of Family Law and make informed decisions in your child’s best interests.

Frequently Asked Questions

What is a Parenting Order?

A Parenting Order is a legal order made by the Family Court that outlines parenting arrangements after a divorce or separation. These can include where a child lives, how much time they spend with each parent, and how parental responsibility is shared.

When can a Parenting Order be changed?

Under Family Law, a Parenting Order can only be changed if there has been a significant change in circumstances. This is known as the Rice v Asplund Rule, now codified under section 65DAAA. The change must also be in the best interests of the child.

Do I need a family lawyer to apply for a change to a Parenting Order?

While not mandatory, working with a family lawyer can help ensure your application is properly prepared and meets the legal threshold. Parenting matters can be complex, and professional legal guidance can help protect your child’s welfare and your legal rights.

What counts as a significant change in circumstances?

A significant change could include events such as a parent relocating, a change in the child’s health or schooling needs, or the introduction of new family members. The court assesses each situation individually based on the impact on the child.

Are Parenting Orders permanent?

Parenting Orders are usually intended to remain in place until the child turns 18 or unless they are varied by the court. However, they are not necessarily permanent and may be reconsidered if certain legal criteria are met.

Can Parenting Orders be made without going to court?

Yes, parents can come to an agreement through mediation or other collaborative methods and apply for consent orders through the Family Court. If agreement cannot be reached, the court may impose a Parenting Order based on what is in the child’s best interests.