Catterall & Catterall 2013 FMCAfam 336

A mother applied to review orders that had been made two years earlier when the child was 2 years old.   The mother claimed changed circumstances as the child was now diagnosed with developmental delay that had not been foreseen when orders were made.  The mother submitted that the father lacked parenting capacity for dealing with the child’s newly diagnosed condition as the father had a mental illness and showed poor judgment and decision making, and had unpredictable moods and behaviour.  The mother alleged that the child was at risk when in the father’s care.

The judge found that the child’s unforeseen developmental delay did represent changed circumstances, and ordered a re-hearing.